Assault causing bodily injury (also known as aggravated battery) in violation of Penal Code 243(d) is a serious crime that can result in significant penalties, including jail time. If you have been charged with this offense in Riverside County, it is important to seek legal counsel from an experienced criminal defense attorney from the Law Office of Nic Cocis to discuss your case and your options.
What is assault causing bodily injury?
California Penal Code 243(d) defines assault causing bodily injury as follows:
"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."
In order to be convicted of assault causing bodily injury, the prosecution must prove that:
- The defendant willfully touched another person;
- The victim suffered serious bodily injury as a result of the defendant's actions; and
- The defendant did not act in self-defense, defense of others, or while reasonably disciplining a child.
“Serious bodily injury” includes loss of consciousness, concussion, bone fracture, protracted loss or impairment of function of any bodily member or organ, a wound requiring extensive suturing or serious disfigurement.
What are the penalties for assault causing bodily injury in violation of Penal Code 243(d)?
The penalties for assault causing bodily injury can be significant, including:
- If you are convicted of a misdemeanor, you could face up to one year in county jail, probation and a fine of up to $1,000.
- If you are convicted of a felony, you could face up to four years in state prison and a fine of up to $10,000.
What are the defenses to assault causing bodily injury in violation of Penal Code 243(d)?
There are a number of defenses that could be raised in an assault causing bodily injury case. Some of the most common defenses include:
- Self-defense: If you used force to defend yourself or others from an attack, you may be able to raise a self-defense defense.
- Defense of others: If you used force to defend someone else from an attack, you may be able to raise a defense of others defense.
- Necessity: If you used force to prevent a greater harm from occurring, you may be able to raise a necessity defense.
If you are convicted of assault causing bodily injury, the conviction will likely have a significant impact on your life. You may be unable to obtain certain jobs or housing, and you may be subject to immigration consequences. You will also loose the right to possess any type of firearm and ammunition.If you have been charged with assault causing bodily injury in Temecula, Murrieta, Menifee, Winchester, Wildomar or Lake Elsinore, it is important to act quickly to protect your rights. Since 1999, we have helped many individuals facing similar charges and we can help you too. We can assist you to understand your rights and options, and can represent you in court. Call us to schedule a free and confidential consultation.