Battery With Serious Bodily Injury

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BATTERY WITH SERIOUS BODILY INJURYBattery With Serious Bodily Injury

A battery resulting in serious bodily injury1 is a felony-misdemeanor with a sentence if charged as a misdemeanor of up to one year in county jail; if charged as a felony imprisonment under section 1170(h) of the Penal Code.2

“Serious bodily injury” is a grave physical impairment, including, but not limited to

(a) A loss of consciousness;
(b) A concussion;
(c) A bone fracture;
(d) The protracted loss or impairment of function of a bodily member or organ;
(e) A wound requiring extensive suturing;
(f) A serious disfigurement. 3

Battery With Serious Bodily Injury

Often facts that support this offense [243(d)] may also support a violation of 245(a)4 [assault by force likely to produce great bodily injury]. They are, nevertheless, different crimes due to 243(d)’s emphasis on the injury resulting from an assault, while 245(a)’s emphasis is on the force used to accomplish the assault.

Proof that an injury resulting from an assault necessitates medical treatment is not required, for example; a loss of consciousness is an acute physical impairment and as a result is a “serious bodily injury” without the need to show that the injury required medical treatment. 5

CAUSTIC CHEMICALS OR FLAMMABLE SUBSTANCES SECTION 244 OF THE PENAL CODECaustic chemicals or flammable substances

It is unlawful for a person to willfully and maliciously throw, or cause to be thrown, any vitriol, corrosive acid, flammable substance, or caustic chemical at or on the person of another with the intent to injure or disfigure. The sentence for a violation is prison for 2, 3, or four-years.

The crime differs from “assault with force likely to produce great bodily injury” under section 245 of the Penal Code in that the acid or caustic substance must actually come into contact with the body. Under 245 there is no such requirement, and an attempt is sufficient to constitute a violation.

ASSAULT WITH CHEMICALS OR DRUGS

It is unlawful for a person to administer chloroform, ether, laudanum, or any controlled substance, anesthetic, or intoxicating substance to another to aid in the commission of a felony. 6

The sentence for a violation is prison for 16 months, 2 or three-years.


1Section 243(d) of the California Penal Code

2Section 1170h of the California Penal Code

3Section 243(f)(4) of the California Penal Code; This definition is substantially the same as the definition of “great bodily injury” in the enhancement statute, 12022.7; A blow to a person’s hand that caused it to break was “significant or substantial physical injury.” People v. Kent (1979) 96 C.A.3d 130, 136, 158 C.R. 35; The loss of tooth, which victim could not be replace, and wounds requiring sutures on eyebrow and mouth constituted sufficient “serious impairment of physical condition.” People v. Hawkins (1993) 15 C.A.4th 1373, 1375, 1376, 19 C.R.2d 434;

4Section 245(a) of the California Penal Code

5There is no need for an injury to require medical treatment to constitute great bodily injury. People v. Wade (2012) 204 C.A.4th 1142, 139 C.R.3d 529; The definition of “injury” in 243(f)(5) as a physical injury requiring professional medical treatment applies to 243(c).

6Section 222 of the California Penal Code.