What is the penalty for aggravated battery in California? 6 Answers as of December 16, 2010

What is the penalty for aggravated battery in California and do they provide free representation for a crime like this?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Depending upon the actual code sections charged, it can be up to several years or so in prison. Yes, the Public Defender can be appointed for those who qualify as low income unable to afford private counsel.
Answer Applies to: California
Replied: 12/16/2010
Law Offices of Ryan P. Murphy
Law Offices of Ryan P. Murphy | Ryan P. Murphy
The penalty for aggravated battery depends on your attorney, and the negotiated plea between your attorney and the prosecutor.

Should you qualify, a public defender may be appointed. Even if a public defender is appointed, you may have to pay for representation depending on your circumstances.

Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
Answer Applies to: California
Replied: 12/16/2010
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Felony batter or battery with serious injury is probably what you mean. It carries a maximum of four years in prison. Like with any criminal if you qualify financially for a court appointed attorney you are entitled to one.
Answer Applies to: California
Replied: 12/16/2010
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
Penal Code 243(d), also known as aggravated battery, is a wobbler. "Wobblers" may be filed as misdemeanors or felonies, depending on (1) the facts of the specific case, and (2) your criminal history. You need to hire an attorney to assist you. Yes most attorneys like myself offer a free consultation.
Answer Applies to: California
Replied: 12/15/2010
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
The specific code section you're being charged with matters. If you are referring to Penal Code section 243(d) - battery with serious bodily injury - it is a "wobbler" and can be punished up to a year in county jail as a misdemeanor or up to 4 years in state prison as a felony.

There may be other codes that apply - 245(a)(1) - assault with force likely to produce great bodily injury. Same sentencing range, but it may, depending on the extent of the injury, have additional enhancements if the alleged victim suffered great bodily injury, making it a maximum of 7 years in prison and a strike.

Yes, if you qualify financially, the court will appoint a public defender.
Answer Applies to: California
Replied: 12/15/2010
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    This depends. You would have to know the exact charges and if you have any priors. Under the constitution, you have the right to an attorney for all matters that are charged as a misdemeanor or a felony in California. Thus, if you cannot afford an attorney, you will be given one free of charge.
    Answer Applies to: California
    Replied: 12/15/2010
Click to View More Answers: