San Diego Criminal Defense

101 W. Broadway, Suite 1770 | San Diego, CA 92101

This site is for information only. Use of this website does not create an attorney client relationship. This site is not legal advice. Legal advice is specific direction related to the unique circumstances of your legal issue. This website is not a substitute for a consultation with a California licensed criminal defense attorney. We invite you to contact us with any legal or criminal defense question you might have. 

FOLLOW US:

Copyright 2018        San Diego Criminal Defense Lawyer  |     About Us      |     Contact     |      Site Map     |

  • Facebook Social Icon
  • Twitter Social Icon
  • Google+ Social Icon
San Diego Criminal Lawyer

Battery with Serious Bodily Injury

California Penal Code 243(d)

 

 

Definition of Battery with Serious Bodily Injury:

 

A person willfully touched another in a harmful or offensive manner, and that touching resulted in serious bodily injury. The victim's injuries were not the result of the defendant's justified use of force.  A battery with serious bodily injury is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.

 

 

Examples of behavior that could lead to a charge of Battery with Serious Bodily Injury:

 

* Throwing a rock and hitting someone on the head, fracturing their skull.

 

* Spraying a chemical into somebody's eye.

 

* Having sex, without disclosing, sexually transmitted infections or diseases.  

 

 

To prove that the defendant is guilty of PC 243(d) battery with serious bodily injury, the People must prove that:

 

1. The defendant willfully [and unlawfully] touched the victim in a harmful or offensive manner;

 

AND

 

2. The victim suffered serious bodily injury as a result of the force used,

 

AND

 

3. The defendant did not act (in self-defense/ [or] in defense of someone else/ [or] while reasonably disciplining a child).

 

 

Clarifying Instructions:

 

* Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage.

 

* Making contact with another person, including through his or her clothing, is enough to commit a battery.

 

* A serious bodily injury means a serious impairment of physical condition. Such an injury may include, but is not limited to: loss of consciousness/ concussion/ bone fracture/ protracted loss or impairment of function of any bodily member or organ/ a wound requiring extensive suturing/ and serious disfigurement.

 

* The touching can be done indirectly by causing an object [or someone else] to touch the other person.

 

 

Punishment for Battery with Serious Bodily Injury

PC 243(d)

 

A battery with serious bodily injury is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.