Battery Causing Serious Injury - California Penal Code § 243(d)
California Penal Code 243(d) – Battery Causing Serious Bodily Injury
Overview
Battery under California Penal Code 243(d) occurs when someone commits a battery and causes serious bodily injury to another person. It’s more than a simple push or shove—this charge applies when the harm is significant, such as broken bones, concussions, or other major injuries.
PC 243(d) is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony. A conviction can carry years of jail time and permanent consequences, especially if the incident involved domestic violence or occurred during a fight.
At Jones Trial Attorneys, we’ve defended dozens of battery cases—from bar fights to false accusations—and we know how to dissect the evidence and fight for the right outcome.
Legal Definition
Under Penal Code § 243(d), battery causing serious bodily injury is defined as:
“A battery committed against any person that results in serious bodily injury.”
Battery is defined under PC 242 as the willful and unlawful use of force or violence upon another person.
Serious bodily injury means a significant or substantial injury, not just minor harm.
Elements of the Crime
To convict someone under PC 243(d), the prosecution must prove:
1. You willfully and unlawfully touched another person in a harmful or offensive manner;
2. The touching caused serious bodily injury; and
3. You did not act in self-defense or in defense of another.
Examples of serious bodily injury include:
• Concussion
• Broken bones
• Loss of consciousness
• Serious disfigurement
• Wounds requiring stitches
Penalties for PC 243(d)
As a Misdemeanor:
• Up to 1 year in county jail
• Fines up to $1,000
• Probation and possible anger management
As a Felony:
• 2, 3, or 4 years in state prison
• Fines up to $10,000
• Felony probation or formal supervision
• Possible strike offense under California’s Three Strikes Law
The charge level often depends on the victim’s injuries, the defendant’s intent, and criminal history.
Defenses to PC 243(d)
We challenge battery allegations with a combination of factual investigation and legal argument. Defenses may include:
• Self-defense or defense of another
• Mutual combat
• Lack of intent – The contact was accidental
• Injury was not serious – We challenge the classification as “serious bodily injury”
• False accusation or mistaken identity
Immigration and Employment Consequences
Battery with serious bodily injury is considered a crime of violence and may trigger:
• Deportation or inadmissibility for non-citizens
• Loss of professional licenses
• Disqualification from employment involving children, the elderly, or security
We work strategically to avoid felony convictions and immigration-harmful outcomes wherever possible.
Related Offenses
• PC 245(a)(4) – Assault with Force Likely to Cause GBI
• PC 273.5 – Domestic Violence Causing Injury
How Jones Trial Attorneys Can Help
Battery cases are often complex and emotionally charged. We investigate thoroughly, seek independent medical opinions when necessary, and advocate for dismissals, diversions, or reduced charges when appropriate.
💼 Free consultations
⚖️ Trial-tested representation
📍 Based in downtown San Diego and serving all of Southern California
Talk to a Criminal Defense Attorney Today
Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.
Schedule a Free Consultation Now
Content from Google Maps can't be displayed due to your current cookie settings. To show this content, please click "Consent & Show" to confirm that necessary data will be transferred to Google Maps to enable this service. Further information can be found in our Privacy Policy. Changed your mind? You can revoke your consent at any time via your cookie settings.