ipl-logo

Penal Code 243 Research Paper

828 Words4 Pages

PENAL CODE 243(d) – BATTERY CAUSING SERIOUS BODILY INJURY Penal Code 243(d) states: “When a battery is committed against any person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.” Explanation Penal Code 243(d) deals with aggravated battery, which refers to an unlawful and willful use of force or act of violence that causes grievous bodily injury to another person. It refers to an act of physical contact that led to the injury. Mere words, no matter how offensive, do not constitute battery causing serious bodily injury. In legal terms, a serious bodily injury refers to any serious impairment of a person’s physical condition. It is not necessary for the victim to seek medical attention for the injury. Serious bodily injury is different from great bodily injury, which refers to any substantial or significant physical injury that may or may not be severe or permanent, and is a valid reason for sentence enhancement. However, as the decision whether the injury is a serious bodily injury or a great bodily injury depends on the jury, defendants are advised to seek legal help and counsel if they are charged under Penal Code 243(d). …show more content…

Examples • Punching someone in the face which leads to broken teeth • Hitting someone that leads to them losing consciousness • Concussion from a hit to the

Show More
Related

  • Memorandum: Aggravated Mayhem Charge Against Harvey Brewer

    692 Words  | 3 Pages

    Penal Code § 205 (West 2010). A charge of aggravated mayhem requires evidence demonstrating specific intent to maim the victim. People v. Ferrell, 218 Cal. App. 3d 828, 833 (1990).

    Read More

  • Sophie Marsh Case Summary

    1237 Words  | 5 Pages

    On the facts, the defendant lunged at Frank. There is a required immediate effect of the defendants act to cause contact with the plaintiff’s person however, the facts are unclear on whether contact was made. Elucidating this fact is necessary to establish a successful action in battery. If on no account contact was made to the plaintiff’s person, an action is assault may be established. To sue for assault the facts must maintain direct and either negligent or intentional cause for the plaintiff to apprehend imminent direct contact with themselves, affecting their purpose.

    Read More

  • Final Draft Of The Three Strikes Law (HCP)

    387 Words  | 2 Pages

    This is the final draft of my HCP, where I had a completely new topic for my HCP. This draft is about the Three Strikes Law in New Mexico, where we had seen a lot of increase in crime rates after the Three Strikes Law was passed in 1994. This draft involves a lot of information about how the Three Strikes Law has caused an increase in crime rates every year and what kind of crimes has increased in New Mexico City. By the end of this draft, I was not completely satisfied with my final draft because I did not get a chance to review this draft as much I thought could have done it since they were some parts in the essay that were confusing to Professor Tae Sung even though I tried my best to make sure there is nothing confusing to him in my paper.

    Read More

  • Simple Domestic Battery Research Paper

    653 Words  | 3 Pages

    What You Don’t Know About Domestic Battery Laws May Surprise You When it comes to domestic violence crimes in California, there are three types of charges possible, with “domestic battery” being the least serious of them all. The three possible charges include Simple Domestic Battery: Penal Code Section 243(e), Aggravated Battery: Penal Code Section 243(d) and Willful Infliction of Emotional Corporal Injury: Penal Code Section 273.5. Simple Domestic Battery

    Read More

  • Why Is Fighting Important In Hockey

    1323 Words  | 6 Pages

    The biggest concern is players getting concussions from frequent blows to the head. A concussion is defined as a traumatic brain injury caused by a hit to the head or body, that quickly causes the head and brain to move back and forth (“Concussion” 1). While concussions are an ample problem in the game, despite common belief they are not all from fighting. Marty McSorely, retired N.H.L. professional, was considered one of the toughest players in the game, racking up 273 fights in his 17-year career. As someone who was no stranger to fighting and the aggression the game entails, he without a doubt had his fair share of concussions and injuries.

    Read More

  • RICO Violation Paper

    226 Words  | 1 Pages

    In the scenario given to understand when the Racketeer Influenced and Corrupt Organization (RICO) violation occurred, we must establish that an enterprise has committed a pattern of racketeering with a minimum of two racketeering acts which are normally called predicate acts that have occurred within a ten year period. As the scenario portrays the two Sedateville officers becoming involved in the very criminal activities they swore to defend against, the first of the two acts needed to convict someone of an RICO violation was committed when the two officers allowed and protected a bar where an illegal gambling operation was being operated. By allowing and profiting from the illegal activities of the gambling they have committed one of the predicate

    Read More

  • Sentencing Reform Research Paper

    509 Words  | 3 Pages

    The role of the government is to keep everyone and everything in line. The government should have a sentencing reform because with the system we have now it 's just making things worse. Some people are being placed in jail because of their color when there are real criminals that are set free when they really did do something wrong like murdering someone. The government should have a sentencing reform because the system now is just making things worse. To begin with, The government should have a sentencing reform because the system now is just making things worse.

    Read More

  • Criminal Justice Act Of 1964 Essay

    942 Words  | 4 Pages

    Harold Wilson, the Labour Politician who became Prime Minister in 1964, passed the Criminal Justice Act of 1967, which introduced reform in three sections: the prison system and sentencing practises of courts, juvenile offenders and the law on murder. A suspended sentence was introduced which aimed at reducing mandatory prison sentences. Magistrates were encouraged to not give prison sentences to people who had only committed minor offences. This resulted in fewer people going to prison for crimes punishable by a fine or community service. Sydney Silverman managed to abolish the death penalty in 1965 which was seen as huge progress.

    Read More

  • Crime And Punishment By Ron Rash Analysis

    845 Words  | 4 Pages

    Ron Rash, born September 25, 1953, is an internationally acclaimed short story writer, novelist, and poet. Rash was born in a small mill town in South Carolina, and was raised in the foothills of the Appalachian Mountains in western North Carolina. Rash spent most of his youth on a farm near Boone, where he grew up listening to Appalachian folktales and reading voraciously; his time there later gave him inspiration for the setting of many of his stories. Rash’s family greatly influenced him as a reader and a writer. His father, a professor, and mother, a schoolteacher, encouraged him to read as much as possible, and his illiterate paternal grandfather inspired him to always be imaginative.

    Read More

  • Felony Murder Rule Research Paper

    1805 Words  | 8 Pages

    The Felony Murder Rule Haley Roemmich Peru State College The Felony Murder Rule INTRODUCTION The felony murder doctrine is the legal principle which provides that any death that occurs during the commission of a felony or attempted felony can be legally treated as a murder. This doctrine holds true regardless of whether there was intent to kill. The felony murder doctrine represents one the few instances in criminal law where the element of intent is waived (Garoupa & Klick, 2006).

    Read More

  • Criminal Behavior Essay

    547 Words  | 3 Pages

    Criminal behaviour has always been an interest for psychologists, for they could never quite come to a conclusion between nature and nurture. Research concerning this topic has been organized for many years and due to the never ending debate, is still being conducted. I have decided to read and write about this myself, for I was genuinely curious about the matter and wanted to be a part of the research, as I felt responsible to do so. I believe that in order to stop something, it must be discussed and scrutinized. What effects do genes have on criminal behaviour, why do peer pressure and habitat influence a person to commit crimes and are men really more violent than women?

    Read More

  • Law 531 Week 1 Question Paper

    992 Words  | 4 Pages

    Sem_1 DB#2 QUESTION: What key information will you need to learn in your interview with the client? To collect key information and learn about the client’s situation, it would be important to ask the following questions. Basic Information: • What is your purpose of preparing a prenuptial agreement?

    Read More

  • Concussion: Causes, Symptoms, Types and Treatment

    970 Words  | 4 Pages

    In a case involving a 17-year-old who played football too soon after suffering a concussion and is now confined to a wheelchair. This was so serious because this teen suffered from second impact syndrome. It is often fatal and happens when a second head injury without recovering fully from the first. This boy got his injury when there was a helmet-to-helmet collision during a punt return. He had symptoms right away, but stayed in the game.

    Read More

  • Persuasive Essay On Aggravated Assault

    506 Words  | 3 Pages

    The victim is engaged in official duty such as a firefighter, police officer, teacher, health care practitioner and the like. Even if no injury is committed, just the mere threatening of an individual with a dangerous weapon can get you an allegation of aggravated assault. It is also often charged to people committing felony such as burglary and robbery, even if there is no real apparent danger. If charged of aggravated assault and proven guilty, you could be facing five years, seven and a half years, up to fifteen years imprisonment depending on the level of aggravated assault.

    Read More

  • Offenders Reoffending Research Paper

    1469 Words  | 6 Pages

    TO WHAT EXTEND ARE OFFENDERS EFFECTIVELY BEING REHABILITED IN THE COMMUNITY IN ORDER TO PREVENT RE- OFFENDING? Chapter 1 1.1 Introduction This paper is a report on an analysis of the concept of working with offenders to prevent them from reoffending. The aim of this paper is to understand the experiences of individuals who have been released from prison into the community so as to make contributions in developing relevant interventions based on the difficulties/barriers faced by these individuals. This paper aims to answer a number of questions, among them whether the offenders ever have the thought that by reoffending or breaching their conditions they would go back to prison.

    Read More

More about Penal Code 243 Research Paper

Open Document