California Penal Code 243(d) PC – Battery Causing Serious Bodily Injury
In California, battery causing serious bodily injury is charged under Penal Code 243(d) PC. This offense is more severe than simple battery (PC 242) due to the significant injuries sustained by the alleged victim. The charge is classified as a “wobbler,” meaning the prosecution has the discretion to file it as either a misdemeanor or a felony. This decision is typically based on factors such as the severity of the injury and the defendant’s criminal history.
A serious bodily injury is any injury that substantially impairs a person’s physical condition. While this can be open to interpretation, it commonly includes:
- Loss of consciousness
- Concussions
- Bone fractures
- Impairment of an organ or bodily function
- Deep wounds requiring extensive stitches
- Significant disfigurement
Even if both parties willingly engaged in a physical altercation and neither wants to press charges, the District Attorney has full discretion over whether to proceed with the case. This means that even if the alleged victim does not seek medical treatment or requests to drop the charges, the prosecution can still pursue criminal charges if they believe there is enough evidence.
If you are facing charges, it is crucial to have a Los Angeles criminal defense attorney on your side who understands how prosecutors handle these cases. An experienced attorney can assess the evidence, negotiate with the District Attorney’s office, and fight to have the charges reduced or dismissed. Without skilled legal representation, you could face severe consequences, including jail or prison time, fines, and a permanent criminal record.
What Is California Penal Code 243(d) PC – Battery Causing Serious Bodily Injury?
Under California Penal Code 243(d) PC, battery causing serious bodily injury is defined as:
“A willful and unlawful use of force or violence upon another person that results in serious bodily injury.”
This means that any intentional physical contact that leads to a significant injury—even if no weapon was used—can result in a PC 243(d) charge. The severity of the injury is what elevates the offense from simple battery (PC 242) to aggravated battery (PC 243(d)).
Elements the Prosecution Must Prove
To secure a conviction under PC 243(d), the prosecution must prove the following elements beyond a reasonable doubt:
- Willful Conduct – The defendant intended to use force or violence; it was not an accident.
- Unlawful Use of Force or Violence – The physical contact was offensive, harmful, or excessive.
- Resulting in Serious Bodily Injury – The victim sustained a significant physical injury as a direct result of the defendant’s actions.
If any of these elements are not proven, the defendant cannot be convicted of PC 243(d).
What Qualifies as “Serious Bodily Injury” Under PC 243(d)?
California law defines serious bodily injury as any injury that significantly impairs a person’s physical condition. While this is open to legal interpretation, common examples include:
- Broken bones or fractures
- Concussions or head trauma
- Severe bruising or internal injuries
- Disfigurement or significant scarring
- Loss of consciousness
The severity of the injury plays a crucial role in how the case is charged. More severe injuries increase the likelihood of the case being prosecuted as a felony, while less severe injuries may result in misdemeanor charges.
Penalties for Penal Code 243(d) PC – Battery Causing Serious Bodily Injury
Misdemeanor Penalties
A conviction for misdemeanor aggravated battery can result in:
- Up to one year in county jail
- A fine of up to $1,000, plus penalty assessments
- Summary (informal) probation
- A 10-year ban on firearm ownership
Felony Penalties
A felony conviction for battery causing serious bodily injury carries more severe consequences, including:
- Two (2), three (3), or four (4) years in state prison
- A fine of up to $10,000, plus penalty assessments
- Formal probation (in some cases)
- A lifetime ban on firearm ownership
- A “strike” under California’s Three Strikes Law (if the injury is severe)
Additionally, if the victim suffers great bodily injury (GBI), the prosecution may add a sentencing enhancement under Penal Code 12022.7 PC, which can result in three to six additional years in prison.
Legal Defenses for California Penal Code 243(d) PC – Battery Causing Serious Bodily Injury Charges
We may be able to argue that you acted in self-defense or in defense of someone else. If the alleged victim was the aggressor and you used only the amount of force necessary to protect yourself, the charges may not hold up in court. California law allows you to defend yourself from imminent harm, but the response must be reasonable under the circumstances.
In some cases, we can challenge whether the injuries qualify as “serious bodily injury” under the law. If the harm was minor—such as bruising, cuts, or temporary soreness—the prosecutor may agree to reduce the charge to simple battery under Penal Code 242, which carries much lighter penalties.
False accusations are also common in battery cases. People may exaggerate claims or make allegations out of anger, jealousy, or personal disputes. If there is insufficient evidence—such as inconsistent witness statements, lack of medical records, or no clear proof that you caused the injury—we may be able to get the charges dismissed entirely.
A Penal Code 243(d) charge should not be taken lightly, especially if the prosecution adds a great bodily injury enhancement, which could result in additional prison time. A felony conviction can carry life-changing consequences, but with the right defense strategy, there may be ways to reduce or dismiss the charges.
Can a Felony Battery with Serious Bodily Injury Charge Be Reduced or Dismissed?
Not every charge of battery causing serious bodily injury results in a conviction. In many cases, it’s possible to negotiate a reduction or even get the case dismissed, depending on the facts and the defendant’s criminal history. A strong defense strategy can lead to plea bargains, alternative sentencing, or participation in a diversion program.
Plea Bargains for a California Penal Code 243(d) PC Charge – Can It Be Reduced?
Prosecutors sometimes agree to lower the charge if the injuries are not severe or the defendant has no prior convictions. A felony PC 243(d) charge could be reduced to a misdemeanor, or even to a lesser offense such as:
- Simple Battery (PC 242): A misdemeanor with no serious bodily injury component, carrying a lighter sentence.
- Disturbing the Peace (PC 415): A low-level misdemeanor or infraction that may involve only a fine and no jail time.
Diversion Programs & Alternative Sentencing Options
Some defendants, especially first-time offenders, may qualify for programs that allow them to avoid jail time. These options may include:
- Completing a court-approved diversion program, which can lead to a dismissal.
- Attending anger management or rehabilitation programs instead of serving a sentence.
- Serving probation instead of time in jail or prison.
Expungement & Record Clearing After a PC 243(d) Conviction
Even if a conviction cannot be avoided, the defendant may still be able to clear their record through expungement under Penal Code 1203.4. Expungement removes the conviction from public records, which can make it easier to find employment and move forward without a permanent criminal record.
Successful Case Result
Felony Battery with Serious Bodily Injury Charge Dismissed
Superior Court of California, City of Los Angeles (Case Number: BA336)*
Charge: Felony Battery with Serious Bodily Injury (PC 243(d))
Our client was charged with felony battery causing serious bodily injury, facing up to four years in state prison. The case arose from an alleged violation of California Penal Code 243(d).
During the preliminary hearing, our Attorney Hashemi presented evidence demonstrating that our client acted in self-defense. After reviewing the circumstances, the court determined that the prosecution could not prove the charge beyond a reasonable doubt. As a result, the felony charge was dismissed, and our client avoided any criminal penalties.
Case Result: Felony Battery Charge Dismissed
Contact Our Los Angeles Domestic Violence Attorney to Discuss Your Case
If you are facing felony battery charges, having an experienced criminal defense attorney on your side is crucial. A conviction can lead to jail or prison time, hefty fines, and a permanent criminal record, all of which can impact your future. The legal system can be complex and unforgiving, but the right defense strategy can make all the difference.
With over 20 years of experience, Attorney Hashemi has successfully defended clients against serious violent crime charges. He carefully reviews each case, challenges weak evidence, and aggressively negotiates with prosecutors to reduce or dismiss charges whenever possible. Whether you acted in self-defense, were falsely accused, or the injuries do not meet the legal standard required for a felony, our team will fight to protect your rights.
Felony battery is a serious charge that should not be taken lightly. The sooner you have skilled legal representation, the better your chances of achieving a favorable outcome. Don’t wait—take the first step today by scheduling a free consultation to discuss your case and explore your legal options.
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