Is battery resulting in serious bodily injury a crime of moral turpitude?

California, United States of America


The following excerpt is from People v. Turner, H039304 (Cal. App. 2015):

or necessarily involve moral turpitude. (See People v. Cavazos [(1985) 172 Cal.App.3d 589,] 594.)" (Ibid.) "The offense of felony battery is a simple battery which results in serious bodily injury." (Ibid.) "[T]he state of mind necessary for the commission of a battery with serious bodily injury is the same as that for simple battery; it is only the result which is different. It follows that because simple battery is not a crime involving moral turpitude, battery resulting in serious bodily injury necessarily cannot be a crime of moral turpitude because it also can arise from the 'least touching.' Although serious injury resulting from a simple offensive touching may not be likely, in determining whether a certain crime is one of moral turpitude, the reviewing court may not go behind the conviction and take evidence on the underlying facts. (People v. Castro, supra, 38 Cal.3d at p. 317.)" (Ibid., fn. omitted.)

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