Battery and Serious Bodily Injury
The crime of battery can have multiple variants. A battery can occur in many different circumstances and against any person. The law has ensured that there are certain sections of the penal code that address some of the ways battery can occur. The below text will discuss battery causing serious bodily injury. This crime is also referred to as an aggravated battery. Serious bodily injury is different from great bodily injury (another crime).
What Are the Legal Elements?
According to California Penal Code 243d, battery occurs when the defendant willfully touches another person in a harmful or offensive manner. Specifically, for this crime, the contact with the victim should result in serious bodily injury. There are many different physical conditions that are classified as serious bodily injuries, but cases can include injuries like impairment of the body, injury to organs, bone fracture, and any medically serious physical impairments. A key point for a battery is that the injury must have occurred. It is not the possible threat of injury, but rather a willful touch that results in conditions like those mentioned above.
What Happens if You’re Convicted?
Like many other crimes, aggravated battery is considered a wobbler offense. Following a thorough examination of the crime and the criminal history of the defendant, the prosecution will decide if the defendant faces a misdemeanor or felony. It is important to understand that either conviction is very serious and if you or someone you know is accused of this crime, it is vital that they are represented by an experienced criminal attorney. Those who face a misdemeanor will have to serve probation and go to jail for up to a year, whereas those with felony convictions can go to jail for up to four years as well as serving probation.