{"id":31,"date":"2020-06-11T11:17:12","date_gmt":"2020-06-11T11:17:12","guid":{"rendered":"http:\/\/localhost\/monderlaw\/?page_id=31"},"modified":"2022-04-04T12:38:58","modified_gmt":"2022-04-04T12:38:58","slug":"san-diego-battery-with-serious-bodily-injury-criminal-lawyer","status":"publish","type":"page","link":"https:\/\/www.monderlaw.com\/assault-battery\/battery-with-serious-bodily-injury\/","title":{"rendered":"San Diego Battery With Serious Bodily Injury Criminal Lawyer"},"content":{"rendered":"<p><iframe loading=\"lazy\" style=\"display: block; margin-left: auto; margin-right: auto;\" src=\"https:\/\/www.youtube.com\/embed\/z_0j5yQNoTM\" width=\"420\" height=\"315\" allowfullscreen=\"allowfullscreen\"><\/iframe><\/p>\n<h2>Battery With Serious Bodily Injury in San Diego<\/h2>\n<p style=\"text-align: right;\">Imagine there are pictures of injuries that the police have in their possession and now you are the person they are pointing the finger at as being responsible for causing those injuries. Remember the burden of proof is beyond a reasonable doubt that you caused the injuries that are being alleged in the <a href=\"https:\/\/www.monderlaw.com\/\/\">criminal complaint against you<\/a>. Often times the only evidence the prosecution has against you is the pictures and a statement from a witness that may not be that credible. There are always two sides to every story especially when the focus is on the causation of the injuries that the prosecution has to prove beyond a reasonable doubt. It is important to have an experienced criminal defense attorney that handles <a dir=\"ltr\" lang=\"en-US\" href=\"https:\/\/www.monderlaw.com\/\/pratice-areas\/assault-battery\" target=\"_self\" rel=\"noopener noreferrer\" hreflang=\"en\">all types of battery and assault cases<\/a> in your corner to enhance your chances of winning the case.<\/p>\n<h2>What qualifies as a battery with serious bodily injury?<\/h2>\n<p>This offense occurs under California Penal Code section 243(d)\u00a0when the intentional harmful or offensive touching of another person occurs without their consent\u00a0and results in a serious bodily injury.<\/p>\n<h3>Intentional:<\/h3>\n<p>Intending to perform the motion that caused the battery.<\/p>\n<h3>Harmful or Offensive:<\/h3>\n<p>The touching of another person in\u00a0a violent, rude, aggressive, angry, or disrespectful manner.<\/p>\n<h3>Touching:<\/h3>\n<p>The slightest contact, touching, or use of force. Physical contact can be indirect by causing an object or another person to touch the person.<\/p>\n<h3>Of Another:<\/h3>\n<p>The person\u2019s body, clothing, or something attached to their person.<\/p>\n<h3>Without Consent:<\/h3>\n<p>The person did not\u00a0consent\u00a0to the\u00a0touching.<\/p>\n<h3>Serious Bodily\u00a0Injury:<\/h3>\n<p>A serious impairment of a physical condition.<\/p>\n<h3>Defendant Did Not Act In Self-Defense:<\/h3>\n<p>The prosecution has the burden of proof beyond a reasonable doubt that the defendant did not act in self-defense.<\/p>\n<p>&nbsp;<\/p>\n<h2>Understanding Penal Code Section\u00a0243(d)<\/h2>\n<p>In consideration of the seriousness of battery, California has criminalized it under Penal Code section 243(d). Under this law,\u00a0\u201cwhen a battery is committed against any person and serious\u00a0bodily injury is inflicted on the person, the battery is punishable\u00a0by imprisonment in a county jail not exceeding one year or\u00a0imprisonment for two,\u00a0three, or four years.\u201d<\/p>\n<h2>How can the prosecutor prove you committed battery with serious bodily injury?<\/h2>\n<p>Basically, to convict someone of PC 243(d), the prosecutor must prove each of the following elements:<\/p>\n<ol>\n<li>The defendant\u00a0intended to make physical contact with the person of another;<\/li>\n<li>The touching was harmful or offensive;<\/li>\n<li>The\u00a0person did not\u00a0consent\u00a0to the touching;<\/li>\n<li>The person suffers\u00a0serious\u00a0bodily injury;<\/li>\n<li>The defendant did not act in self-defense.<\/li>\n<\/ol>\n<p>&nbsp;<\/p>\n<h2>Battery\u00a0With a Serious Bodily Injury Can Be a Misdemeanor or a Felony<\/h2>\n<p>In California, Penal Code 243(d), a battery with serious bodily injury is considered a\u00a0wobbler\u00a0offense. This means that if the facts of your case are severe and\/or you have a criminal history that justifies a harsh punishment, the prosecutor will likely charge you with a felony. Conversely, if this is your first offense and\/or there are mitigating facts that can excuse or reduce some of your criminal culpability, prosecutors may be more likely to charge you with a misdemeanor.<\/p>\n<p>&nbsp;<\/p>\n<h2>Battery\u00a0With Serious Bodily Injury Penalties<\/h2>\n<p>In California when an offense of battery with serious bodily injury is charged as a misdemeanor under PC 243(d), you may face:<\/p>\n<ul>\n<li>A sentence up to\u00a01 year\u00a0in the county jail;<\/li>\n<li>A fine of up to $2,000;<\/li>\n<li>Informal probation;<\/li>\n<li>A required Batterer\u2019s class.<\/li>\n<\/ul>\n<p>In California when an offense of battery\u00a0with serious bodily injury\u00a0is charged as a\u00a0felony\u00a0under\u00a0PC 243(d), you may face:<\/p>\n<ul>\n<li>A sentence up to 2, 3,\u00a0or\u00a04 years in state prison;<\/li>\n<li>A fine up to $10,000;<\/li>\n<li>Formal probation;<\/li>\n<li>A required Batterer\u2019s class;<\/li>\n<li>A ban from owning, possessing, purchasing or\u00a0 receiving a gun<\/li>\n<li>A strike under California\u2019s Three Strikes law<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<h2>Lesser Included Offenses for\u00a0Battery With Serious Bodily Injury<\/h2>\n<p>A lesser included offense is an offense that is necessarily included in the greater offense.\u00a0A conviction on a lesser included offense results in shorter sentences and less severe penalties than the greater offense.\u00a0In California, it is\u00a0impossible to commit\u00a0battery with serious injury\u00a0without necessarily also committing\u00a0a battery.\u00a0Under California Penal Code 242,\u00a0simple battery is defined as the\u00a0intentional harmful or offensive touching of another person without their consent.\u00a0The lesser included offense of simple battery means that instead of facing one year under the greater offense PC 243(d) you would only face six months in county jail if convicted of the lesser offense PC 242.<\/p>\n<p>&nbsp;<\/p>\n<h2>What do you have to prove to be found not guilty of battery with serious bodily injury?<\/h2>\n<p>You will be found not guilty of aggravated battery if you can prove any of these defenses:<\/p>\n<ul>\n<li>It was an accident, you did not intend to make physical contact with the person.<\/li>\n<\/ul>\n<ul>\n<li>The alleged victim did not suffer serious bodily injury, instead suffered minor harm.<\/li>\n<\/ul>\n<ul>\n<li>You were falsely accused of committing the battery.<\/li>\n<\/ul>\n<ul>\n<li>You were acting in self-defense or were protecting another person.<\/li>\n<\/ul>\n<p>You have a valid self-defense if you acted under the reasonable belief that you or the person you were protecting faced an imminent threat of harm. For a legal self-defense claim, the force that you used is justified if it was proportionate to the threatened force you were fighting off. It is important to note that the threat does not have to exist, as long as you felt threatened and believed you had to stand your ground. This is commonly referred to as fight or flight experience, an expert will be able to explain to the jury or the judge the physiological responses that cause your body to involuntarily react when threatened or placed in harm&#8217;s way.<\/p>\n<p>&nbsp;<\/p>\n<h2>Your Best Defense against Charges for Battery with Serious Bodily Injury in San Diego<\/h2>\n<p>There are <a dir=\"ltr\" lang=\"en-US\" href=\"https:\/\/www.monderlaw.com\/\/pratice-areas\/assault-battery\/battery\" target=\"_self\" rel=\"noopener noreferrer\" hreflang=\"en\">different variations of battery cases.\u00a0<\/a> If you find yourself in a situation where you could be charged for a battery with serious bodily injury, make sure to contact San Diego criminal defense team to defend you. It&#8217;s important to know and exercise your rights once you have been accused of a crime. A conviction for battery with serious bodily injury will have detrimental consequences that can last for the rest of your life. It can affect your right to own a gun, future employment options, as well as be taken into consideration in family court cases. You don&#8217;t have to face these charges alone, we can help you. Our goal at Monder Law Group is to fight tirelessly for the best possible outcome, and get the case reduced or dismissed.<\/p>\n<p>&nbsp;<\/p>\n<h4>Contact San Diego Battery With Bodily Injury Criminal Defense Attorneys for a FREE consultation today at: <a href=\"tel:619-405-0063\">619-405-0063<\/a><\/h4>\n","protected":false},"excerpt":{"rendered":"<p>Battery With Serious Bodily Injury in San Diego Imagine there are pictures of injuries that the police have in their possession and now you are the person they are pointing the finger at as being responsible for causing those injuries. Remember the burden of proof is beyond a reasonable doubt that you caused the injuries [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-31","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v26.1.1 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>San Diego Battery with Serious Injury Criminal Attorney | Monder Criminal Lawyer Group<\/title>\n<meta name=\"description\" content=\"It is important to have an experienced San Diego criminal defense attorney that handles battery with serious bodily injury cases in your corner to enhance your chances of winning the case.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" 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