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Battery With Serious Bodily Injury: California Penal Code Section 243(d)

In Santa Rosa, San Rafael, Napa, Lakeport, Ukiah and Eureka

The Basics

  • If a simple battery leads to a sufficiently serious injury, you may be charged with battery with serious bodily injury.

A Closer Look:

Background Notes

What does "serious bodily injury" mean?

"Serious bodily injury" means a serious impairment of physical condition, including, but not limited to [1]:

  • Loss of consciousness;
  • Concussion;
  • Bone fracture;
  • Protracted loss or impairment of function of any bodily member or organ;
  • A wound requiring extensive suturing;
  • Serious disfigurement

Scratches, abrasions, neck or back strains, minor lacerations, etc don't provide a basis for this charge .

Elements of the Crime (What it takes to be convicted)

  • In order to be convicted of battery with serious bodily injury, the prosecution must first prove beyond every reasonable doubt that you are guilty of simple battery. To learn about the elements of simple battery, click here.
  • If the prosecution can prove, beyond a reasonable doubt, that you are guilty of simple battery, they must also prove that the injury caused by the battery meets the definition of serious bodily injury, set forth above in section 1. [2]

Experienced criminal defense attorneys in our offices in Santa Rosa, San Rafael, Napa, Lakeport, Ukiah, and Eureka can provide substantial insight into these types of defenses regarding the required elements of the crime.

Defenses to a Battery with Serious Bodily Injury Charge

It is important to understand that qualified, experienced criminal defense attorneys will give each client the very best chance of taking advantage of all available defenses.

Punishment for Battery with Serious Bodily Injury Conviction

If convicted of battery with serious bodily injury, you may face:

  1. Imprisonment in a county jail for up to 1 year;
    OR
  2. Imprisonment, pursuant to subdivision (h) of Section 1170 for 2, 3, or 4 years [3]

Remember, Ronald Dinan and Associates, is a firm of experienced and aggressive criminal defense lawyers, who can help in achieving the best outcome in your case. Many times criminal case dispositions will include reduction or outright dismissal of the number and/or severity of criminal charges, diversion programs, probation, reduced fines with installment payments, alternatives to jail, etc.

To get immediate help with your legal matter, we invite you to call us at one of our conveniently located offices to discuss your case. We answer all telephone calls in a polite, professional and helpful manner.

  • Santa Rosa – 707-571-5550
  • Napa – 707-252-0102
  • Marin – 415-491-0223
  • Lakeport – 707-262-0503
  • Ukiah – 707-462-5950
  • Eureka – 707-445-1348

Related Offenses

  1. Greater Offenses
  2. Lesser Included Offenses
    1. Simple Assault [PC 240]
    2. Simple Battery [PC 242]
  3. Other Related Offenses

The Law Itself: California Penal Code Section 243(d)

§ 243. Punishment for battery generally; Punishment for battery against specified officers or others

(d) When a battery is committed against any person and serious bodily injury is inflicted on the person, the battery 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. [4]

(f) As used in this section:

  • (4) "Serious bodily injury" means a serious impairment of physical condition, including, but not limited to, the following: 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. [5]

[1] Cal Penal Code §243(f)(4)

[2] Judicial Council of California Criminal Jury Instructions, 1-800 CALCRIM 925

[3] Cal Penal Code §243(d)

[4] Cal Penal Code §243(d)

[5] Cal Penal Code §243(f)(4)

Categories: PC 243(d): Battery with Serious Bodily Injury

Related Articles

Assault: California Penal Code Section 240
Ronald Dinan & Associates, Attorneys & Lawyers, Santa Rosa, CA