Self-Defense Leads to Dismissal of Felony Battery Charges in Los Angeles
California Penal Code 243(d): Felony Battery with Serious Bodily Injury
Facing a felony battery charge in California can have severe consequences. Under California Penal Code Section 243(d), felony battery with serious bodily injury is a serious offense that carries the risk of up to four years in state prison, fines, and a criminal record that can impact employment and future opportunities. With stakes this high, securing skilled legal representation is critical for anyone charged under PC 243(d).
At The Law Offices of Arash Hashemi, we bring over 20 years of experience in criminal defense, including a track record of successfully handling cases involving serious bodily injury charges. If you have been charged with Aggravated Battery with Serious Bodily Injury, PC 243(d) in Los Angeles, contact our office at (310) 448-1529. Below, we share a recent case where Attorney Hashemi achieved a complete dismissal of felony battery charges, explaining the strategic defense tactics that led to this outcome.
Case Summary: Felony Battery Charge Dismissed Due to Self-Defense
Our client was charged with felony battery with serious bodily injury, facing significant prison time if convicted. The charges stemmed from an incident where the client allegedly caused serious bodily injury to another individual. During the preliminary hearing, Attorney Hashemi argued that our client’s actions were justified under California’s self-defense and defense-of-others laws. The court reviewed the facts surrounding the incident and examined whether the force used was necessary given the circumstances.
Legal Insights for Defending PC 243(d) Charges in California
In California, aggravated battery causing serious bodily injury is classified under Penal Code Section 243(d). This charge applies when an individual is accused of inflicting significant physical harm on another person during an altercation. However, California law recognizes a range of battery-related offenses, each varying in severity based on factors like the nature of the injury and the accused’s intent.
Battery vs. Assault
It’s common to confuse battery with assault, but California law differentiates the two. While assault refers to the attempt or threat of physical harm, battery requires actual physical contact with another person. PC 243(d) specifically addresses battery cases that result in serious bodily injury, making it a felony offense with substantial penalties.
Simple vs. Aggravated Battery
California law also distinguishes between simple battery and aggravated battery:
- Simple Battery (PC 242): Involves harmful or offensive physical contact without causing serious bodily harm. It is often charged as a misdemeanor.
- Aggravated Battery (PC 243(d)): Involves battery that causes serious bodily injury, elevating it to a felony offense. Serious bodily injury can include broken bones, concussions, or other significant physical injuries that impact a person’s health.
Related Offenses
In some cases, PC 243(d) charges may be accompanied by or reduced to related offenses, depending on the facts and the defense strategy. These may include:
- Battery on a Peace Officer (PC 243(b)): Battery charges with enhanced penalties when the victim is a police officer or other protected official.
- Assault with a Deadly Weapon (PC 245(a)): If a weapon was involved, the charge could escalate to assault with a deadly weapon, carrying heavier penalties.
Key Defense Strategy: Establishing Self-Defense or Defense of Another
In defending against the felony battery charge, Attorney Hashemi focused on establishing a credible argument for self-defense and, where applicable, defense of another person. California law permits the use of reasonable force to protect oneself or another person from imminent harm, which became the cornerstone of the defense in this case.
Establishing Self-Defense or Defense of Another
- Self-Defense: Under California law, self-defense is a viable defense when an individual reasonably believes they or someone else is in immediate danger of physical harm. Attorney Hashemi demonstrated that our client’s actions were a necessary response to prevent harm, supported by evidence of the immediate threat the client faced.
- Defense of Another: In cases where the defendant acts to protect a third party from harm, California law extends similar protections. This defense was considered here, as Attorney Hashemi argued that the actions taken by our client were not only justified to protect themselves but also to prevent injury to another individual involved in the incident.
Evidence and Testimony Supporting Self-Defense
To strengthen the self-defense claim, Attorney Hashemi gathered specific types of evidence and provided testimony to substantiate the client’s reasonable belief of imminent danger:
- Witness Statements: Testimonies from witnesses who observed the incident provided important context, helping establish that our client acted in response to a legitimate threat.
- Medical Records: Any medical records showing injuries sustained by the client were presented to demonstrate that they faced physical harm, supporting the necessity of self-defense.
- Lack of Aggressive Intent: Attorney Hashemi highlighted evidence that showed the client did not instigate the confrontation, reinforcing that the client’s actions were purely defensive.
Addressing Proportionality of Force
In self-defense cases, the proportionality of force used is crucial. California law requires that the force used must be proportionate to the perceived threat. Attorney Hashemi emphasized that our client’s response was carefully measured to prevent harm without excessive force.
- Example of Proportionality in Action: For instance, using physical restraint rather than a weapon when responding to an unarmed threat can demonstrate proportionality. By presenting the court with a clear picture of our client’s reasonable, proportionate actions, Attorney Hashemi successfully illustrated that the force used was justified, which played a critical role in achieving a full dismissal of the charges.
Outcome: All Charges Dismissed
Following a thorough review of the evidence and the defense’s arguments, the court ultimately ruled in favor of our client, dismissing all charges. This outcome allowed the client to avoid prison time, clear their record, and move forward without the lasting impact of a felony conviction.
What You Need to Know About Defending Felony Battery Charges in California
Felony battery with serious bodily injury cases can be complex, especially when self-defense or defense-of-others claims are involved. This case underscores several essential aspects of a strong defense strategy:
- Self-Defense Justification: A skilled attorney can build a compelling self-defense case by presenting evidence that shows the defendant faced a genuine threat. Witness statements, medical records, or other documentation of the circumstances surrounding the incident can all support this defense.
- Proportionality of Force: One of the biggest challenges in self-defense cases is proving that the force used was proportional to the threat faced. An experienced defense attorney knows how to counter prosecution arguments that question proportionality, often drawing on case law, expert testimony, and a detailed analysis of the facts.
How We Can Help
If you’re facing felony battery charges in Los Angeles, The Law Offices of Arash Hashemi is here to provide the experienced legal support you need. With over 20 years of defending clients against serious criminal charges, Attorney Hashemi knows how to develop an effective, personalized defense strategy focused on minimizing consequences and protecting your future.
Attorney Hashemi and our dedicated legal team will thoroughly examine every aspect of your case, identify weaknesses in the prosecution’s evidence, and pursue all viable defense options, including self-defense and defense of others. We are committed to achieving the best possible outcome for every client we represent.
Take the First Step in Defending Your Rights – Schedule a Consultation
To discuss your felony battery case and explore your defense options, contact our office at (310) 448-1529. You can also schedule a 15-minute consultation through our secure online system. Our office is located in the Westside Towers in Los Angeles, proudly serving clients throughout Santa Monica, Beverly Hills, Westwood, and surrounding areas.
Schedule a Consultation:
- Phone: (310) 448-1529
- Email: Contact@hashemilaw.com
- Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
- Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.
