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
– 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.