Arrested or Charged for Causing
Serious Bodily Injury?

If You’ve Been Accused of Causing Serious Bodily Injury in Chula Vista...

In California, a “great bodily injury” (GBI) enhancement under Penal Code 12022.7 can add years to your sentence—on top of the base charge. The injury doesn’t have to be permanent. It just has to be “significant.” And once prosecutors allege it, they go all in. Suddenly, you’re facing strike consequences, prison time, and violent felony status. You need aggressive defense that fights the enhancement—and the charge behind it.

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If you or a loved one are facing charges of battery causing serious bodily injury in Chula Vista, it’s essential to have a criminal defense attorney on your side. At David P. Shapiro Criminal Defense Attorneys, we have extensive experience defending clients accused of violent crimes, including aggravated battery. We understand the stress and uncertainty you may be feeling, and we’re here to provide the knowledgeable guidance and representation you need to protect your rights and future.

Battery Causing Serious Bodily Injury Under California Law

Under California Penal Code 243(d), battery causing serious bodily injury is a more severe form of the crime of battery. While a simple battery involves any willful and unlawful use of force or violence against another person, battery with serious bodily injury requires that the physical force used results in a significant or substantial physical injury to the victim.

Some examples of injuries that may be considered “serious bodily injury” include:

• Concussions or other head injuries
• Broken bones or fractures
• Wounds requiring extensive suturing
• Injuries resulting in long-term impairment or disfigurement

It’s important to note that the injury does not have to be permanent to be considered “serious” under the law. The key factor is the severity of the injury at the time it was inflicted.

In California, battery is a separate crime from assault. While assault involves an attempt to use force or violence against another person, battery requires the actual use of force or violence. In some cases, prosecutors may charge a defendant with both assault and battery if there was both an attempt to use force and the actual use of force.

Penalties for Battery with Serious Bodily Injury in Chula Vista

Battery causing serious bodily injury is a “wobbler” offense in California, which means it can be charged as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant’s criminal history.

If charged as a misdemeanor, battery with serious bodily injury carries the following potential penalties:

• Up to one year in county jail
• A fine of up to $1,000
• Misdemeanor probation
• Restitution to the victim for medical expenses and other losses

If charged as a felony, the potential consequences are much more severe:

• Two, three, or four years in state prison
• A fine of up to $10,000
• Formal probation
• Restitution to the victim
• A “strike” under California’s Three Strikes Law, which can lead to harsher penalties for future convictions

In addition to these court-ordered penalties, a conviction for battery causing serious bodily injury can have long-lasting collateral consequences, such as:

• Difficulty finding employment or housing due to a criminal record
• Ineligibility for certain professional licenses
• Loss of the right to own or possess firearms
• Potential deportation or other immigration consequences for non-U.S. citizens

With so much at stake, it’s crucial to have a strong defense strategy and an experienced attorney fighting for your rights.

Facing a GBI Enhancement? Fight It From Day One

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Building a Strong Defense Against Battery with Serious Bodily Injury Charges

Just because you’ve been charged with battery causing serious bodily injury doesn’t mean you’ll be convicted. There are several potential defenses that a skilled criminal defense lawyer can raise on your behalf, depending on the specific facts of your case.

Some common defense strategies in battery cases include:

Self-Defense or Defense of Others

If you used force against another person because you reasonably believed it was necessary to protect yourself or someone else from imminent harm, you may have a valid self-defense claim. However, the force used must be proportionate to the threat faced.

Consent or Mutual Combat

If the alleged victim consented to the physical contact or you were both willingly engaged in a fight, this may negate the battery charge. However, you cannot legally consent to force likely to cause serious bodily injury.

Insufficient Evidence of Serious Injury

To convict you of battery with serious bodily injury, the prosecution must prove beyond a reasonable doubt that the injury inflicted was significant or substantial. If there is insufficient medical evidence or the injuries are not severe enough to meet this standard, your attorney can argue that you should only face simple battery charges.

Mistaken Identity or False Accusations

In some cases, the alleged victim or witnesses may have misidentified the perpetrator, or someone may have falsely accused you out of anger, jealousy, or a desire for revenge. Your attorney can challenge the credibility of the accusations and present evidence of your innocence.

Constitutional Violations by Law Enforcement

If the police violated your constitutional rights during the arrest or investigation, such as by conducting an illegal search or failing to read your Miranda rights, your attorney can file a motion to suppress any illegally obtained evidence. This can significantly weaken the prosecution’s case against you.

Negotiating for Reduced Charges or Alternative Sentencing

Even if the evidence against you is strong, an experienced criminal defense lawyer can often negotiate with the prosecutor for a reduction in charges or a more lenient sentence. This may involve pleading guilty to a lesser offense, such as simple battery, in exchange for the dismissal of the serious bodily injury allegation. Your attorney can also advocate for alternative sentencing options, such as probation, community service, or anger management classes, instead of jail or prison time.

At David P. Shapiro Criminal Defense Attorneys, we have a deep understanding of the legal defenses available in battery cases and know how to build a compelling case on your behalf. We’ll thoroughly investigate the allegations, gather evidence to support your defense, and work tirelessly to achieve the best possible outcome in your case.

How Our Chula Vista Criminal Defense Lawyers Can Help with Your Battery Case

Facing battery with serious bodily injury charges can be a daunting and stressful experience, but you don’t have to go through it alone. When you choose David P. Shapiro Criminal Defense Attorneys to represent you, you’ll have a dedicated team of skilled legal advocates on your side.

Here are some of the ways our attorneys can help with your battery case:

• We have in-depth knowledge of California’s battery laws and extensive experience handling these types of cases in San Diego County courts.
• We’ll conduct a thorough investigation into the allegations against you, interviewing witnesses, analyzing medical records and police reports, and gathering any other evidence that may support your defense.
• We’ll provide representation both in and out of the courtroom, fighting to get your charges reduced or dismissed whenever possible and advocating for your rights at every stage of the legal process.
• We understand that facing criminal charges can be overwhelming, which is why we prioritize clear communication and responsiveness. We’ll keep you informed about the status of your case, explain your legal options in plain language, and promptly return your calls and emails.
• We’re committed to achieving the best possible outcome in your case, whether that means negotiating a favorable plea bargain, filing motions to suppress evidence, or taking your case to trial and arguing for an acquittal.

To learn more about how we can help with your specific case, contact our office today for a no-obligation consultation.

Contact a Chula Vista Battery Defense Lawyer Today for a Consultation

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.

California Central Courthouse

City courthouse in San Diego, California

• Address:1100 Union St, San Diego, CA 92101
• Hours: Open – Closed 4PM
• Phone:(619) 844-2700

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