California Penal Code Section 243 D
by
Randy Collins on Feb. 23, 2012
Criminal Felony Criminal Misdemeanor
Summary: Aggravated Battery is a subdivision of the CPC 240 law for assault. It is the willful act of using force on someone else, and this same force causes physical injury to the victim.
Definition
Aggravated Battery under California Penal Code Section 243 D, is a criminal offense and it is normally filed as either a felony or misdemeanor. Aggravated Battery is a subdivision of the CPC 240 law for assault. It is the willful act of using force on someone else, and this same force causes physical injury to the victim.
Example
A cut, bruise, wound or any type of bodily injury can be considered to be aggravated battery. In more serious instances, some victims will suffer even more, like from a broken rib, unconsciousness and more.
Elements of the Crime
In order to take an aggravated battery CPC 243 d case to trial, certain elements of the crime will have to be proven. These include:
· That the defendant willfully used force on someone else
· The victim suffered bodily injury
Punishments for CPC 243D
These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case, and also an individual’s criminal history.
When found guilty of aggravated battery, it is usually filed as either a misdemeanor or felony and this includes:
· As a misdemeanor, the charges are one year in jail and up to a thousand dollars in fines
· As a felony, two, three or four years in prison and up to ten thousand in fines
Legal Defenses for California Penal Code 243 D
The conditions for battery are never clear cut, as there are many other cases of battery under California law, including sexual battery, aggravated battery, assault with a deadly weapon and more. The judge will have to scrutinize all aspects of the case, and the circumstances under which an aggravated battery took place in order for justice to run its course.
A good lawyer can present many legal and valid defenses for Aggravated Battery charges under California Penal Code 243 D to prove someone’s innocence. A legal defense team can argue that the guilty party was falsely accused, or that they were acting in self defense.
Learn more about other California Section Penal Codes here.