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Undoubtedly, a criminal record could affect several aspects of your life. Depending on the facts and seriousness of the offense on your criminal record, you will notice a significant impact on your higher education goals, employment opportunities, and housing choices.
If you are under arrest or charged with battery causing serious bodily injury under Penal Code 243(d), you should know a lot is at stake. Aside from the long-term effects of having a criminal record, a conviction under this statute could attract lengthy jail time, especially when the prosecutor files your offense as a felony.
Hiring a skilled and competent defense attorney to help you challenge the alleged charge and prepare solid, appropriate defenses is a decision you cannot regret if you are under arrest as a suspect in a 243(d) case. We at the Law Offices of Anna R. Yum comprehend the possible impact of a PC 243(d) charge on your life.
If you or a loved one are under investigation or arrest for a PC 243(d) charge in San Diego, our attorneys can help you secure a favorable outcome.
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According to PC 242, you commit a battery offense when you use force or violence against another person, regardless of how slight. However, if the non-consensual or offensive touching or force against another person caused him/her to sustain an injury, the prosecutor will file your offense under PC 243(d).
Also known as aggravated battery, battery with serious bodily injury is a serious offense in the eyes of the court, and a conviction could attract felony or misdemeanor penalties, depending on the sophistication and nature of your case.
According to PC 243(d), any impairment of another person’s physical condition, even in the absence of medical treatment, qualifies as a “serious bodily injury.” Concussions, broken or fractured bones, a chipped tooth, disfigurement, or any cut that requires stitches to heal are examples of bodily injuries that could qualify as “serious” under this law.
Like any other crime, upon an arrest for an alleged aggravated battery offense, you will pass through various stages of the criminal court process to challenge the allegations you are up against. Explained below are various court procedures you should expect charged with an aggravated battery offense:
When the prosecutor decides to press charges against you following an arrest as an offender in an aggravated battery case, the arraignment hearing will be your initial court appearance. During this proceeding, which is often combined with the bail hearing, the judge will:
If you do not have an attorney to guide you on the appropriate plea choice, you should ask the court for a continuance because the plea you choose can significantly impact your case’s outcome. Generally speaking, seeking an attorney’s legal guidance before you enter any plea is wise because available plea choices have legal consequences.
For example, when you enter a “no contest” plea, the court will convict you under PC 243(d) and proceed to the sentencing phase to decide the appropriate penalty for your case. However, if you enter a “no guilty” plea like most defendants, you should be ready to challenge the alleged charge at trial.
In that case, you should consider posting bail to receive your freedom since a trial hearing could occur after several days or months. Bail allows you to receive your freedom while awaiting the outcome of your case at trial. Here are examples of factors the court will consider when setting your bail:
When you enter a “not guilty” plea, your case will proceed to the next court proceeding, the pretrial hearing. At this hearing, the prosecution team and your defense attorney will exchange their evidence through a legal process known as the discovery.
The purpose of the discovery process is to understand the type of evidence each side will present at trial, including what eyewitnesses in the case will testify. During this hearing, the prosecution team and your defense attorney will also have a chance to file motions that can help address significant issues that could affect your charge’s outcome.
One of the main issues discussed during this phase of the legal justice system is the admissibility or legality of the prosecutor’s evidence against you.
If the prosecutor has any evidence obtained through unlawful or warrantless searches, your defense attorney can challenge the legality of this evidence by filing a motion to suppress evidence. The court will consider any evidence the arresting officers obtained illegally inadmissible, meaning the prosecution team cannot apply it against you.
Other common motions your attorney could file during the pretrial hearing to secure the best possible outcome include:
The court could drop or reduce your charges if everything works to your advantage during the pretrial hearing.
Criminal cases that fail to resolve at the pretrial hearing proceed to the trial stage of the criminal court system. You have a legal right to a speedy trial, but you can delay this hearing for weeks or months. Depending on your preferences and the facts of your unique case, you can choose a bench or jury trial.
During a bench trial, a judge acts as the jury and the judge for your case to decide whether the allegations you are up against are true. Conversely, during a jury trial, you should expect twelve (12) community members ready to listen to the allegations you are up against and decide whether you are guilty.
Whether you opt for a bench trial or jury trial, the procedures and protocols of the trial will remain the same. For a conviction for a PC 243(d) violation, the prosecutor must prove the facts listed below beyond a reasonable doubt:
According to PC 243(d), the “touching” of another person could be direct, through his/her clothing, or indirect, using any object. The prosecutor must also prove that the touch or application of force against the person (victim) was willful and not accidental to secure an aggravated battery charge conviction against you.
Some of the evidence the prosecutor or your attorney can use during this hearing include the following:
If the court returns a “not guilty” verdict, you will go free without a criminal record. However, when the court convicts you for a PC 243(d) violation, your case will move to the sentencing phase to decide appropriate penalties for your unique case.
You have a legal right to a sentencing hearing after a conviction for any offense. During this legal criminal court process stage, the judge will decide an appropriate and fair penalty for your offense. Fortunately, during this hearing, the prosecution team and your attorney will have a chance to explain to the court what feels like a fair sentence for your conviction.
Your defense attorney will present mitigating arguments to justify a lighter or lenient sentence. On the other hand, the prosecution team will present aggravating arguments to justify a harsher sentence for your violation.
Depending on the specific details of your case and your criminal history, an aggravated battery charge conviction could attract misdemeanor or felony penalties since it is a wobbler offense. A felony conviction under PC 243(d) will attract a jail time of not more than four (4) years and a fine amounting to up to $10,000.
However, when your offense is a misdemeanor, a PC 242(d) charge conviction will attract a jail time of up to one year and a fine of up to $1,000.
It was worth noting that your sentence for a PC 243(d) violation conviction will increase by three (3) to six (6) years if the injury the victim sustained qualifies as a significant bodily injury under PC 12022.7. Fortunately, with your attorney’s legal assistance and mitigating arguments and evidence, you could be eligible for misdemeanor or felony parole instead of incarceration.
After a PC 243(d) charge conviction, you can appeal the court’s verdict in a different higher court. However, there must be valid grounds for your appeal, such as:
For example, if the judge allowed the prosecutor to use unlawful evidence against you at trial, you could have a valid ground to appeal the verdict received. If your appeal is successful, the appellate court will overturn the judgment received and send the case to the trial court for a fresh trial proceeding.
If you have pending PC 243(d) charges, it is hard not to focus on what is at stake. Fortunately, you have control over your legal defenses. Your attorney will attentively examine the specifics of your case and interview eyewitnesses, if necessary, to craft the best defenses that could help you convince the jury or judge to dismiss your case or award a lenient sentence.
Examples of the most common and viable legal defenses that your defense attorney could apply to challenge the aggravated battery charges you are up against include the following:
The judge will likely reduce or dismiss your charges if your attorney’s evidence and arguments can prove that the injury the victim sustained was accidental, meaning it was not willful.
Self-defense could be a viable legal defense to an aggravated battery charge if the following facts are true:
A PC 243(d) charge is a crime ripe for false accusations. For example, the victim could falsely accuse you of the offense if he/she is motivated by jealousy or he/she wants to win a child custody legal battle. If this legal defense argument works to your advantage, the judge will likely dismiss your case and let you go free.
As mentioned above, not all injuries would qualify as serious bodily injury under PC 243(d). Your attorney can challenge the PC 243(d) charge you are up against by arguing that the victim did not sustain serious bodily injury even though you used unlawful force against him/her.
To prove this argument, your defense attorney can summon a medical expert to help prove that the injuries the victim sustained do not qualify as serious.
Generally speaking, the specific legal defense argument your attorney will use at trial will depend on the specifics and sophistication of your unique aggravated battery case.
Several crimes in the Penal Code are closely related to a PC 243(d) charge because they share similar or closely related elements of the crime. Examples of these offenses include (but are not limited to) the following:
You commit mayhem offense when you illegally and maliciously attack another person, causing him/her to sustain a disability or disfigurement. A conviction for a mayhem charge under PC 203 is punishable by up to eight (8) years of jail time and a fine of up to $10,000.
If the prosecutor does not have sufficient evidence to secure a conviction against you for a PC 243(d) charge, he/she will likely file simple battery charges against you. A simple battery is chargeable as a misdemeanor carrying a jail sentence of up to six (6) months and a fine not exceeding $1,000.
PC 240 defines simple assault as the illegal attempt to cause a bodily injury to another person, and you have the present ability to do so. The prosecutor will file a PC 240 charge as a misdemeanor, punishable by:
If the victim of the offense was a peace officer, firefighter, animal control officer, traffic officer, doctor, or paramedic, you should expect heightened penalties upon a conviction under PC 240.
As the name suggests, a sexual battery offense involves unlawful sexual acts. Precisely, PC 243.4 makes it illegal to touch another person’s sexual or intimate body parts with the intent to abuse him/her or satisfy yourself sexually. Like a PC 243(d) charge, a PC 243.4 charge conviction is punishable as either a misdemeanor or felony because the court considers it a wobbler offense.
A misdemeanor PC 243.4 charge conviction is punishable by a fine of up to $2000 and a jail term of up to six (6) months. If the victim was unconscious or intoxicated, a conviction under this statute will attract felony penalties, including:
If the victim sustained a severe injury, you should expect an additional and consecutive three to five years of jail time on top of the above standard jail sentence.
In addition to these standard penalties, a conviction for a simple battery offense will require you to register as a sex offender for life because it is a Tier 3 offense under PC 290.
PC 243(e)(1) makes it a crime to apply violence or force against the following individuals:
For example, pushing your fiance during a disagreement or quarrel could qualify as a domestic battery offense under PC 243(e)(1). If the prosecutor secures a PC 243(e)(1) violation conviction against you for a domestic battery offense, your penalties could include:
As mentioned in the previous paragraph, having a criminal record for a PC 243(d) violation has adverse effects on your employment opportunities, gun rights, housing choices, and several other aspects of your life. To avoid that and have a fresh start after serving your sentence for the offense, you should consider petitioning the court to expunge your criminal record.
According to PC 1203.4, an expungement allows you to withdraw a plea of “no contest” or “guilty” to re-enter a new plea of “not guilty” and have your case dropped. Once you expunge your criminal record for a PC 243(d) violation conviction, you can confidently answer “no” when a prospective employer asks whether you have a conviction record.
Unfortunately, not everyone qualifies for an expungement under PC 1203.4. You are only eligible for this form of post-conviction relief if:
If you are still on probation for a misdemeanor PC 243(d) charge, you could still qualify for an expungement when you obtain an early termination of the probation. However, you should be ready to prove to the court that you did satisfy all the terms of your probation, including paying restitution and performing community service.
Like any other legal process, having an attorney on your side when filing an expungement petition is a wise idea. Aside from helping you prepare the PC 1203.4 petition papers and attaching all the necessary evidence, your attorney will attend the expungement hearing to convince the court you are an excellent candidate for this post-conviction relief option.
Timely filing of your expungement petition is also critical, but you do not have to worry about this if you have a seasoned attorney for legal representation. For example, you should give the prosecutor at least fifteen days’ notice before the hearing to give him/her sufficient time to review your unique case.
If you are not an excellent candidate for expungement, your attorney can help you explore other post-conviction relief options, including:
We keep you informed with timely updates and straightforward guidance, so you’re never left in the dark
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As you can see above, a PC 243(d) charge is an offense that could significantly alter your life upon conviction. Without a skilled attorney to help you challenge the allegations you are up against, your chance of conviction will be high since the prosecutors and judges treat these cases seriously.
With our skilled attorneys at the Law Offices of Anna R. Yum, you can be certain of aggressive legal representation to secure the best possible outcome. We invite you to call us at (619) 233-4433if you are under investigation or arrested as an offender in an aggravated battery case in San Diego. We will apply our decades of courtroom experience to help you receive a lighter sentence or dismissal of the case.
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