Is battery resulting in serious bodily injury not a crime of moral turpitude?

California, United States of America


The following excerpt is from People v. Lindsay, 209 Cal.App.3d 849, 257 Cal.Rptr. 529 (Cal. App. 1989):

"[T]he least adjudicated elements of battery resulting in serious bodily injury do not necessarily involve force likely to cause serious injury. Again, since it is the least adjudicated elements of a crime which are looked to in determining whether the crime is one of moral turpitude, and the crime at issue on this appeal can occur from the least offensive 'push,' it is not a crime of moral turpitude. This conclusion that battery resulting in serious bodily injury does not involve moral turpitude accords with common sense and generally accepted community standards. The average person walking down the street would not believe that someone who pushes another is a culprit guilty of moral laxity or 'general readiness to do evil,' even if the push was willful and results in serious injury." (People v. Mansfield, supra, 200 Cal.App.3d at p. 89, 245 Cal.Rptr. 800.)

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