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What Can A Defense Attorney Do On A Battery Causing Serious Bodily Injury (243(d)) In Riverside County or Orange County?

Posted in Assault FAQ'S on March 11, 2015

First and foremost, a prosecutor must prove each and every element of their case beyond a reasonable doubt to a jury.

The prosecutor must prove that the injury inflicted was “Serious Bodily Injury”. “Serious Bodily Injury” must be a serious impairment of a physical condition.

A jury must look to the nature and extent of the injuries to determine of the injury is “Serious Bodily Injury”.

Some examples include loss of consciousness, a concussion, bone fractures, loss or impairment of function of nay bodily member or organ, or a wound requiring extensive suturing or serious disfigurement.

Typically, PC 243(d) defenses fall into one of three categories:

1. False Allegations: False allegations are common with Battery charges. Often the person making the false allegations does so because they are worried about their own responsibility for the confrontation. Other times, things like jealousy or anger can be enough to motivate a person to make false statements and allegations. Each case is different, and false allegations can often be attacked through conflicting evidence and proper cross examination of the witness.

2. Accident: The prosecutor has to prove that the Battery was willful and unlawful. True accidents therefore wouldn’t qualify. However, before asserting an accident defense, it’s important to recognize that the accident has to be reasonable and believable to a jury.

Accident is limited as a defense also to those actions that were not intended at all. A good example of an accident would be opening a door and the door hitting someone on the other side that you did not know was there. An example of a case where an “accident” defense would not work is if you threw a rock in the direction of someone else to scare them but not intending to hit them. If the rock hit that person causing any serious bodily injury, you would be technically guilty of Battery Causing Serious Bodily Injury under that fact pattern.

3. Self-Defense: One of the most common scenarios in which PC 243(d)/ Battery Causing Serious Bodily Injury comes up is in a scenario where it is unclear who the initial aggressor is. Frequently, the party responsible for starting the physical altercation will deflect blame and not clearly detail their role as the aggressor or instigator, claiming to be the victim. This is because they are aware of their own potential criminal liability.

The right to self-defense means that you have the right to defend yourself when faced with grave, imminent danger and you believe such force is necessary to defend yourself.

You are only entitled to use that force reasonably necessary to defend against the danger.

If you or your family is about to undergo a battery causing serious bodily injury case, give me a call: Riverside – (951) 667-5293 and Orange County – (714) 758-5293.
Battery