If you have been arrested and charged with aggravated battery, you should expect the prosecution to do what they can to seek the maximum punishment. Prosecutors in California may charge aggravated battery as either a felony or a misdemeanor, depending on the circumstances of the case. This gives the state considerable discretion over the fate of the defendant since either type of charge could result in prison time, fines, and more.
However, you have the right to put forth a compelling defense that could save your freedom, your finances, and your future. It starts with retaining an experienced Contra Costa County criminal defense firm that understands the laws and how to advocate for defendants. Count on The Law Offices of Johnson & Johnson.
Simple Battery Versus Aggravated Battery
To better understand the charge of aggravated battery, it helps to distinguish it from simple battery. Simple battery is codified in California Penal Code Section 242 as “any willful and unlawful use of force or violence upon the person of another.” This broadly means touching another person without their consent, in a harmful of offensive manner, and may include:
- Direct contact with the other person
- Touching the other person’s clothing
- Causing an object, or a third party, to touch the person
Simple battery does not require that the alleged assailant (defendant) intended to cause harm to the other person (victim). In other words, prosecutors in Contra Costa County don’t have to prove injury. They need to only prove that the assailant intended to touch the victim in a harmful or offensive way.
This is contrasted with aggravated battery, which the state charges under Penal Code section 243(d). The statute reads, in part:
“When a battery is committed against any person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment […] for two, three, or four years.”
The key distinction between aggravated battery and simple battery is “serious bodily injury,” which harms the victim’s physical condition and well-being.
What Does the Prosecution Have to Prove?
If you’ve been charged with aggravated assault in Contra Costa County, you should understand that the prosecution has the burden of proof. It must prove, beyond a reasonable doubt, that the defendant:
- Willfully and unlawfully touched the victim in a harmful or offensive way, and
- As a result, caused the victim to suffer serious bodily injury
What does willfully mean?
A person acts willfully when they do something willingly and on purpose. It does not necessarily mean that the person meant to cause bodily injury, but that they meant to touch the person. This means it is enough for the Contra Costa County prosecutors to show that the defendant intended to touch the person in a harmful or offensive manner.
What does serious bodily injury mean?
Juries determine this question of fact, so the exact answer will vary from one case to another. There is not an official list of conditions which constitute serious bodily injury, although they could include:
- Causing the victim to suffer a bone fracture
- Inflicting damage upon the victim’s internal organs
- An attack that causes the victim to lose consciousness or suffer a concussion
- An attack that results in the loss of one of the victim’s bodily functions
- Anything that causes the victim to suffer a wound requiring significant medical care
- Disfigurement
What Are the Penalties For Aggravated Battery?
This crime is considered a “wobbler” offense, which means that the prosecutors may charge it as either a misdemeanor or a felony. Although a misdemeanor sounds less serious, the punishment could be a jail sentence of up to one year plus a $1,000 fine. If convicted of a felony charge, the defendant faces two to four years in prison and a $10,000 fine.
Prosecutors may ask for a sentence enhancement if the victim suffered great bodily injury, which is distinct from serious bodily injury. Great bodily injury means the victim suffered substantial or significant physical injury that is even worse than the examples listed above. If you are charged with this in Contra Costa County, the court may sentence you to an additional three-year prison term.
The sentence could be more than three years in these scenarios:
- Victim is over the age of 70: An additional five years.
- Victim is under the age of 5: An additional four to six years.
- Victim was injured as a result of domestic violence: An additional three to five years.
What Are the Defenses to an Aggravated Battery Charge?
The potential jail sentences and fines are serious, which is why we work hard to devise a compelling legal argument for our Contra Costa County clients. Depending on the facts in your case, you may argue the following defenses:
- Self-defense or third-party defense: The evidence may show that you were acting out of a reasonable belief that you were in imminent danger of suffering bodily injury at the hands of the alleged victim. The same could apply if you believed a third party was in a similar situation.
- Lack of willfulness: Because battery is defined as “willful” bodily contact with the victim, the defendant may be able to show that they only accidentally touched the victim. Contact that amounts to an accident, mistake, or some situation beyond your control could defeat this crucial element of the prosecution’s case.
- Lack of serious bodily injury: This defense goes to another element of the criminal offense. If the victim suffered only minor injury, then the charge cannot succeed. As a part of this defense we will need to consider in detail the nature of the victim’s injuries in light of the statute.
- Lack of evidence: In general, the lack of credible evidence against a suspect always undermines the prosecution’s case. The alleged victim may have completely fabricated the incident out of revenge or for some other motive, or the witnesses to the alleged battery may not be reliable.
Contact Our Contra Costa County Aggravated Battery Defense Attorney
Have you been charged with aggravated battery? There are two sides to every story, and now is the time to start telling yours. Reach out to The Law Offices of Johnson & Johnson to schedule your initial consultation.
Frequently Asked Questions About Aggravated Battery
Is a plea bargain possible?
Pleas are possible when the prosecution is convinced that they will not be able to prove the necessary elements of a charge. For example, if there is reason to think the jury will not believe the victim sustained serious bodily injury, the prosecution could be willing to drop aggravated battery and have the defendant plead guilty to simple battery. This means less severe punishment for the defendant.
Does an aggravated battery get counted for purposes of the three-strike law?
Yes, a felonious aggravated battery could count towards California’s three-strike law. The courts may impose a prison sentence of 25 years to life if a defendant is convicted of a third violent felony or serious felony. This makes it all the more important to retain a skilled Contra Costa County defense lawyer.
Are there other charges that are similar to aggravated battery?
There are other criminal offenses in California such as simple battery, domestic battery, and battery on a peace officer. Depending on the facts of your case, it may be in your best interests to plead guilty to a lesser charge rather than run the risk of conviction of a more serious charge. Your attorney will review your legal options and work for the best outcome in your case.