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 important.

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. We provide 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.