Sec 243(d) of the California Penal Code defines the crime of battery resulting in serious bodily injury. Before such discussion is made, Sec 242 of the California Penal Code defines battery as the willful and unlawful use of force or violence against any other person. The degree of touch is not important as this constitutes battery.
This crime is called aggravated battery resulting in serious bodily injury. Serious bodily injury is defined as serious impairment to the physical health of another. Examples include loss of consciousness, concussion, bone fracture, loss or impairment of use of an organ or body part, wounding requiring extensive suturing and serious disfigurement. These examples can be considered as serious bodily injury only when there is resulting impairment on the individual.
This crime is considered as a wobbler offense and can be prosecuted either as a misdemeanor or felony offense. The determination as to the degree of the offense to be prosecuted is the factual circumstances of the case and the accused’s criminal history.
When convicted of misdemeanor aggravated battery, the imposable prison time is one (1) year in county jail and payment of fines up to $1,000. When convicted of felony aggravated battery, the imposable prison time is between two and four years in state prison and payment of a fine up to $10,000.
Another accessory penalty is loss of gun rights. For a misdemeanor offense, the accused would lose their right to own or acquire a gun for ten years under California gun laws. For a felony conviction, a lifetime ban applies to owning or acquisition of a firearm. Also another penalty, when classified as a great bodily injury, is registering a strike under California’s Three Strikes Law.
When the victim is an intimate partner, such as a current or former spouse or a person with whom the accused lived with, the parent of a common child, any individual being dated or a current or former fiancé or fiancée, then the crime would be classified as domestic violence. When this battery is done on this particular class of individuals, legal immigrants and aliens would be subjected to removal or deportation proceedings.
The crime of battery on a peace or police officer is a serious offense in California. Should you be or know anyone facing any of these charges, do reach out to the lawyers at the Law Offices of Ramiro J. Lluis for a free consultation today.