Anaheim Aggravated Battery Lawyer
Charged with a battery offense? Let our firm defend you!
California maintains various
assault and battery laws, such as assault, battery, assault with a deadly weapon and aggravated
battery. All of these are classified as violent offenses, and could result
in either misdemeanor or felony charges. If you have been arrested and
charged with aggravated battery in violation of 243(d) of the California
Penal Code, you could be facing heavy fines, extensive jail time and probation.
An Orange County criminal defense lawyer from The Law Office of Barney
B. Gibbs can represent you and fight to maintain your innocence in court.
Overview of California Penal Code 243(d)
In the state of California, a distinction is made between assault and battery.
Assault is threatening violence that causes the victim to be reasonably
afraid that they are in danger of being harmed. Battery is the act of
carrying out of that threat and actually causing physical harm. Battery
is further defined by how much harm the act causes. If the injuries are
classified as "serious bodily injuries," per California Penal
Code 243(d), then the alleged perpetrator can be charged with aggravated
battery. Since this offense is a "wobbler," you could either
be charged with a misdemeanor or felony.
If convicted of a misdemeanor offense, you could face:
- Up to one year in county jail
- Fines up to $1,000
If convicted of a felony offense, you could face:
- Two, three or four years in county jail
- Fines up to $10,000
What is a serious bodily injury?
The court will typically raise a battery charge to aggravated battery if
the resulting injuries were permanently debilitating or life-threatening.
This can include battery that results in a loss of consciousness, bone
fractures, disfigurement, permanent scarring and loss of function. This
is where a battery case can become complex. Expert medical witnesses are
often a vital component to these cases because they will be able to define
an injury as life-threatening versus minor.
Possible Defenses Against Your Battery Charges
There are actually many defenses that can be implemented against your aggravated
battery charges. You are innocent until proven guilty, so your Anaheim
criminal defense attorney could utilize one of the following defenses
to maintain your innocence before a judge or jury.
Lack of Intent: To commit the crime of battery resulting in serious bodily injury, it
must be proven that the individual willfully and intentionally inflicted
harm on the victim. If the injuries were a result of a legitimate accident,
then the battery charges could be dropped.
Self-Defense: Especially in cases of domestic violence, a legitimate defense could
be to claim self-defense. If your attorney can prove that you were under
threat of attack and you were reacting instead of instigating the violence,
then your battery charges could be dismissed.
Misclassification of Injury: The victim's injuries may have been misclassified as serious when
they actually were minor and non-life threatening. This is why expert
physician testimony and an evaluation of medical records could be highly
Schedule Your Free & Confidential Consultation Today
If you or someone you love has been arrested for battery resulting in serious
bodily injury, your freedom and your future is on the line. Contact an
Anaheim criminal lawyer from The Law Office of Barney B. Gibbs today.
free case evaluations and flexible payment options, so you would have nothing to lose by calling
today. Our lead attorney has handled more than 2,500 criminal cases over
the last three decades and has even
secured more than 1,100 case dismissals. For this reason, you can trust that your case will be in good hands when
you turn to Barney B. Gibbs for help.
Call our office today at (888) 594-0660 to set up your free consultation.