California Penal Code 243(d), battery causing serious bodily injury, which can be a strike if it is a felony, may be an immigration-safe disposition if there is no sentence imposed, suspended or not, of one year or more. If the record of conviction does not disclose the age of the child, this conviction does not constitute a sexual abuse of a minor aggravated felony. It is also not a registerable offense. Because there is no element requiring an intent to harm, this offense, like simple battery, should not be considered a crime of moral turpitude or crime of violence. Even if it is considered a crime of violence, it is not an aggravated felony because there is no one year sentence imposed. Thanks to Michael Mehr.
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