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How Does California Define Battery?
According to California Penal Code 242, battery is the “willful and unlawful use of force or violence upon the person of another.”
Battery is considered a violent crime, and depending upon the severity of the violence, and the injuries sustained by the victim, it can be classified as a felony or misdemeanor offense. Battery is often charged in association with assault, which is the threat of violence.
For an act to be charged as battery, the prosecutor must prove the following:
- That you acted willfully
- That violence or force was used
- That the act was committed on another individual and resulted in pain or injury
Even if there are no injuries to the victim, you can still be
PC 243(D): Battery With Serious Bodily Injury
California Penal Code § 243(d) is a subsection of the state’s battery law. This section establishes enhanced penalties for a battery offense that results in serious bodily injury. According to California law, “serious bodily injury” refers to any serious impairment of another’s physical condition.
Common examples of injuries considered serious bodily injury include:
- Concussions and / or loss of consciousness
- Bone breaks & fractures
- Loss or impairment of bodily functions or organs
- Injuries requiring serious surgery
- Serious disfigurement
If convicted of battery with serious bodily injury, convicted individuals may face longer terms of imprisonment, including sentences up to two, three, or four years, depending on the circumstances involved.
Penalties for Battery Charges in California
When facing battery charges, you need an attorney who can aggressively and powerfully defend you against your criminal charges.
Battery is a serious charge that can be punishable with:
- Community service
- Probation
- Monetary fines
- Jail time
A simple misdemeanor battery can be punishable by up to $2,000 in fines and/or up to 6 months in jail. If you are facing a felony battery, jail time can increase to up to 3 years. The more serious the charge, the higher the penalties.
Potential Defense Strategies for Battery Cases
There are many viable defenses that can be used when defending against battery charges, such as self-defense, defense of another person, or if you were defending your property. An experienced and knowledgeable criminal defense attorney can help you devise the defense strategy that works best for your case and fight for you in your courtroom proceedings.
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Navigating the legal system can be complicated. To maximize your chance of securing the best outcome possible, it is essential that you reach out to us without delay. When you hire our firm, we will work quickly to gather every detail, examine every piece of evidence, and build a strong case.
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