Shopper Charged with Felony Battery in Colma (CA Penal Code 243(d))

Last Modified: October 14, 2020
November 12, 2014 | Rabin Nabizadeh | Battery

Many of us have been in the same situation as two women were recently at the Colma Nordstrom Rack.  One woman was standing at the checkout line in front of a 27-year-old mother.  The mother’s child, a preschooler, was making too much noise for woman in line, so she asked the mother to quiet the child down.  The two women entered into a brief verbal argument and that could have been the end, as they say, of that.  However, the woman alleges that the mother followed her out to the parking lot and proceeded to punch her at least twice in the face.  The mother (whose shall remain anonymous in order to protect her identity) was charged with felony battery (CA Penal Code 243(d)) ‘Battery Causing Serious Bodily Injury’ or ‘Aggravated Battery.’  What should be noted in this case is that it is being treated as a felony and that woman’s injuries are considered to be ‘serious’ enough to warrant such a move by prosecutors in the case.

In California, ‘battery’ is defined as the use of violence or force against another person, not just the use of threats (that would be considered ‘assault). Normally, simple battery is treated as a misdemeanor and a conviction under CA Penal Code 242 would mean a $2,000 fine and a maximum sentence of 6 months in county.  The crime of battery only becomes ‘aggravated battery’ when there is ‘serious bodily injury.’  However, serious bodily injury (though sounding quite ominous indeed) could mean something as simple as a broken bone.  This particular crime is a ‘wobbler,’ meaning that it could be treated either as a misdemeanor or as a felony, at the discretion of the prosecutor.  If convicted, this mom could face anywhere from 2-4 years in state prison, away from her child.


latest news

February 27, 2024
What to Do if You’ve Been Arrested for a DUI in San Jose
Being arrested for a DUI in San Jose, CA, can have severe penalties, potentially resulting in jail time, losing your driver's license, and other serious consequences. Here's what to do if facing a DUI conviction after being accused of driving over the legal limit and how a California DUI lawyer can help you resolve your case with [...]
February 25, 2024
What Happens When You Get a DUI?
Getting a DUI (Driving Under the Influence) can be a stressful and life-changing event. It starts the moment a law enforcement officer suspects you've been drinking and driving. This can lead to being pulled over, undergoing a field sobriety test, and possibly being arrested. The consequences of a DUI arrest include legal action, potential jail [...]
February 6, 2024
What Can I Expect After Being Arrested for a DUI in San Jose?

Getting arrested for a DUI in San Jose can be a stressful and confusing experience. You might have many questions about what happens next and what you should do. Knowing the process and what to expect can help you navigate this challenging situation. It’s important to remember that a DUI arrest is severe, and the […]