Peter Blair | May 27, 2023 | Battery
The crime of aggravated battery is a serious offense in California that can result in severe legal penalties, including lengthy prison sentences, fines, and more. If the alleged victim is a pregnant woman, even more serious consequences could result in some cases.
If you are facing these charges, it is crucial to understand the elements of the offense, the potential penalties under California law, and how a criminal defense lawyer can help you fight these charges to protect your rights and freedoms.
Elements of the Offense
California Penal Code 242 PC defines battery as “any willful and unlawful use of force or violence upon the person of another.” Unlike assault, battery requires actual physical contact with another person.
Aggravated battery is described under California Penal Code 243(d) PC. To be convicted of aggravated battery, the accused must commit a battery that results in “serious bodily injury.” Under California law, “serious bodily injury” means “a serious impairment of physical condition,” such as a broken bone or a concussion.
Aggravated battery on a pregnant woman is not a defined offense under California law, specifically. However, depending on the relationship between the alleged victim and the accused, it may be considered a domestic violence offense.
Under California law, aggravated battery is considered a “wobbler” offense. This means it can be charged as either a felony or a misdemeanor based on the facts particular to the case. The penalties for this offense can be severe, including:
- Imprisonment: If convicted of the felony version of this offense, the defendant can be sentenced to up to four years in state prison.
- Fines: The defendant may also be required to pay significant fines as part of their sentence.
- Probation: In some cases, the court may allow the defendant to serve probation instead of imprisonment. However, probation will typically require the defendant to comply with strict conditions, such as regular check-ins with a probation officer, mandatory drug testing, and avoiding any additional criminal activity.
- Domestic violence: As noted above, domestic violence offenses can carry additional penalties, such as a restraining order.
Other consequences could result as well, especially if convicted of a felony. These include immigration issues (if applicable), difficulty finding housing and employment, and more.
How a Criminal Defense Lawyer Can Help
If you are facing charges of aggravated battery and the alleged victim is a pregnant woman, it is important to work with an experienced criminal defense lawyer who can help you navigate the legal process and build a strong defense on your behalf. A skilled defense lawyer can provide several key services, including:
- Legal representation: Your defense lawyer will represent you in court and advocate for your rights and freedoms throughout the legal process.
- Investigation: Your lawyer will conduct a thorough investigation into the circumstances of the alleged offense to identify any weaknesses in the prosecution’s case.
- Evidence gathering: Your lawyer will work to gather evidence in your favor, including witness statements, medical records, and any other relevant information that can help to support your defense.
- Negotiation: In some cases, your lawyer may be able to negotiate with prosecutors to reduce or dismiss the charges against you.
- Trial advocacy: If your case goes to trial, your defense lawyer will provide skilled trial advocacy to present a strong defense on your behalf and protect your rights.
Facing charges of Aggravated Battery on a Pregnant Woman can be a daunting experience. However, working with an experienced criminal defense lawyer can help to protect your rights and freedoms and provide the best possible outcome for your case. If you are facing these charges, it is crucial to seek legal representation as soon as possible to start building a strong defense and protect your future.
Contact a San Diego Criminal Defense Lawyer at Blair Defense Criminal Lawyers Today For Help
For more information please contact the San Diego criminal defense attorneys at Blair Defense Criminal Lawyers for a free consultation, give us a call at (619) 357-4977 or visit our convenient location:
Blair Defense Criminal Lawyers – San Diego Criminal Defense Law Firm
255 Broadway, Ste 1740. San Diego, CA. 92101