FOLLOW US :
212-300-5196

White Glove Service. Excellent Results. Strong Reputation.

Read Our Reviews

Los Angeles Battery with Serious Bodily Injury Lawyers

March 26, 2018 Personal Injury

Legally defined by California law, battery occurs when uninvited, unwanted, undesired touching occurs. It’s when someone lays their hand on another person without permission and causes bodily harm. The severity of the crime depends on the specifics, and it is sometimes classified as a misdemeanor. However, it’s often described as a felony charge when the battery causes serious bodily injury. If you are accused of aggravated battery with serious bodily injury, call an attorney to see what options you have and how you should proceed.

What is A Serious Injury?

There’s a lot you might not know about battery with serious bodily injury. It’s not just any injury that occurs when someone touches another person. For example, if a person is injured badly in the middle of playing football with a group of friends, that is not battery. The person injured was willfully playing a game of tackle football with friends when he was injured. This is a terrible accident, no question. However, it is not battery.

If the same person is walking home from the same football game after a fun afternoon and someone attacks him outside his house, it’s battery. If that person hurts him seriously, it’s battery with serious injury. This means it could automatically become a felony charge even if the attack with short.

– The person accused of battery must willfully touch another person with the intent to harm them or in an offensive manner known to cause injury
– The person injured must be injured seriously as per the definition of California law

Injuries sustained in a battery situation are not always serious. A fractured bone, for example, might not be considered a serious injury unless it falls into a specific situation. However, the following are considered examples of serious injuries in California.

– Wounds requiring numerous staples or stitches
– Concussions
– Loss of consciousness
– Fractures in some situations
– Broken bones
– Wounds that cause scars that disfigure a person’s body
– Impairment or lack of ability to continue to use a certain body part or organ

Penalties for Battery with Serious Bodily Injury

If you’re accused of this crime, you could face serious penalties. They’re more serious if you are charged with a felony crime, and there is no way to know if you will be. This is a ‘wobbler’ crime in California. Each case is handled differently, and the prosecutor makes the decision to turn it into a felony or a misdemeanor. The age of the victim, the circumstances of the injuries, the severity of the injuries, and even the past criminal record of the accused all play a role in determining how this crime is labeled in court.

Misdemeanor charges come with a jail sentence of up to one year, and you might be required to pay fines up to $1,000. If the crime is upgraded to a felony, you face up to four years in prison as well as fines up to $10,000.

Defense of Battery

Not all situations are the same. If you are guilty of seriously injuring another person because they were attacking you, they broke into your home, or you were trying to defend yourself in any form, it’s self-defense. It’s not wrong to defend yourself against others, and this means the judge will likely drop the charges.

There are many defenses against this crime, including the fact that it was an accident. Some people simply want a reason to file a lawsuit, and they might make it seem like you intended to harm them when all that happened by strictly by accident. Another defense is the injuries to the victim are not as serious as they are trying to make the court believe.

Call An Attorney

If you are accused of battery with serious injuries, don’t wait to call an attorney. You have the right to accept help from an attorney when you are being arrested, and this is a right you should take advantage of. Your attorney will tell you what to do, what not to do, and how to make sure you are able to keep your case strong without harming yourself. You have rights, and it’s time you enact them so you can protect yourself.

Los Angeles Battery with Serious Bodily Injury Lawyers

When it comes to California penal code, the actual letter of the law is often going to be complicated, if not convoluted. While the mountain of legalese you’re often going to contend with when you deal with the law can seem like a daunting task to handle, that doesn’t mean that it has to be that way. So in this post we’re going to break down the actual terms that are used in the law, figure out what the punishment for this particular crime is, and lay out some of the defenses that you can use to help yourself when dealing with this kind of charge. Let’s go ahead and start with what the law itself says when it comes to battery with serious bodily injury.

Battery with Serious Bodily Injury

This all applies under California penal code 243(d) PC, which is an aggravated battery. This charge happens when someone touches someone else in a harmful or else offensive way, and the person who’s been touched then goes on to suffer what’s considered a serious bodily injury as a result of this. This could happen through something like a fight, like if someone pushed someone else and caused that person to get a concussion, or if in the process of burglarizing a car, the burglar did something like break the arm of the car’s rightful owner. There are plenty of other ways this crime can occur, of course, but these are just a few of the possible examples that can occur. Now that we’ve figured out what the charge is exactly, let’s get into the actual punishment for this charge.

Punishment for Battery with Serious Bodily Injury

This charge has the funny moniker of “wobbler,” which basically means that under California law it can be charged as either a misdemeanor or a felony. Now if you’re facing the misdemeanor version of the charge, you’re facing up to a year in county jail and/or a fine of up to $1,000. The felony version of this crime is charged with two to four years in county jail, and a fine of up to $10,000. While the misdemeanor charge isn’t quite as serious as the felony charge, you’re still not going to want to face the consequences of it. So with that in mind, we’re going to dive into some of the potential defenses that exist when it comes to battery with serious bodily injury.

Defenses of Battery with Serious Bodily Injury

Now that we’ve established the seriousness of having this charged leveled against you, we’re going to want to look into some of the potential defenses you can use to get yourself out of legal trouble with this charge, whether it’s the misdemeanor version or the felony one. So, as far as legal defenses go, you can go ahead and use the defense that you acted either in self defense or in the defense of others. You can also claim that the so-called battery with serious bodily injury was in fact an accident. Lastly, you can claim that the injury involved wasn’t actually serious.

We can and will help you out.

As you can see, just because the letter of the law can seem confusing doesn’t mean it has to be. When you break the legalese down into simple terms, everything becomes that much easier to digest. So if you’re facing legal problems or think that you might be facing legal problems in the future, you’d be best off getting in touch with us today. It just might be the best thing you do today.

FREE CONSULTATION

Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

White Glove Service

We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.

Get In Touch

Schedule Your Consultation

Los Angeles

555 W 5th St 35th floor, Los Angeles, CA 90013

212-300-5196



get directions

Queens

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196



get directions

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196



get directions

Brooklyn

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196



get directions

Call Us