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What is Aggravated Battery in California?

Posted by Vitaly Sigal | Mar 19, 2024 | 0 Comments

In California, battery is an umbrella term that houses many kinds of actions, including intentionally touching another person in an offense or harmful manner that causes them serious bodily injury.

Aggravated Battery Law: CPC Section 243(d) PC

California Penal Code Section 243(d) lays out the definition of aggravated battery:

·        purposefully touching another person,

·        that touching was offensive or harmful, and

·        it caused serious bodily injury to the victim.

Serious bodily injury is further defined as any injury that is more than a minor one. The victim does not have to seek medical treatment for the injury, but it should have seriously impaired their physical condition. Common examples of serious bodily injury include:

·        Stabbing

·        Disfigurement

·        Concussion

·        Loss of consciousness

·        Broken bones or fractures

·        Wounds that require stitches

What are the Penalties for Aggravated Battery in California

Aggravated battery is considered a “wobbler” offense. It allows the prosecution to charge the case as either a misdemeanor or a felony, depending on the severity of the victim's injury and the defendant's criminal record.

If you are charged with misdemeanor aggravated battery, your penalties include:

·        Up to 1 year in county jail and

·        Up to $1,000 in fines,

·        Misdemeanor summary probation, and

·        Paying the victim restitution.

For felony charges, you will face:

·        2, 3, or 4-years in state prison,

·        Up to $10,000 in fines,

·        Felony formal probation and potentially

·        Paying the victim restitution.

Defenses for Aggravated Battery Charges in California

There are a number of defenses for aggravated battery charges, but the most common include:

·        Proclaiming self-defense,

·        Showing the battery was an accident,

·        Demonstrating that there was no serious bodily injury, and

·        Proving you are being falsely accused.

Being accused of aggravated battery can negatively impact your life, both personally and professionally. To prevent any unnecessary consequences from arising, you need a strong defense. Contact Sigal Law Group today for a free consultation.

About the Author

Vitaly Sigal

Vitaly Sigal Sigal Law Group Owner 355 S. Grand Ave, Suite 2450 Los Angeles, CA 90071 (213) 620-0212 Vitaly Sigal has extensive trial experience and is not afraid to take your case to trial if necessary. From straightforward to complex litigation, Mr. Sigal handles every case with the same i...


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