California Battery Defense Attorneys | California Penal Code 243 -- Battery on a Peace Officer and Other Protected Persons
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Examples of Other Protected Persons:
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Our California assault & battery defense lawyers have criminal law offices throughout Southern California. We are conveniently located in Los Angeles, Riverside, Orange County and all surrounding areas.
The following is a comprehensive guide to understanding sections 243 (b) and 243 (c)(2) of the California Penal Code -- Battery on a Peace Officer. If after reviewing this information you have additional questions, we invite you to contact us to discuss your case.
California Battery -- Penal Code 242
"Battery on a Peace Officer" -- California Penal Code Sections 243 (b) and 243 (c) (2)
"Battery on a Peace Officer -- Definition of Terms
Penalties and Punishments for Battering a Peace Officer
Sentence for California Misdemeanor "Battery on a Peace Officer"
Sentence for California Felony "Battery on a Peace Officer"
How Do I Fight a "Battery on a Peace Officer" Allegation?
Who Else is Protected Under California's "Assault and Battery" Laws?
California Battery -- Penal Code 242
Battery is defined under California Penal Code section 242. A California battery is "any willful and unlawful use of force or violence upon another person." Any unwanted or unjustified touch.no matter how slight.will suffice, regardless of whether or not the accuser suffers an injury.
- A California "assault", however, doesn't necessarily involve any physical contact.
"Battery" is also sometimes referred to as "assault & battery", "simple battery" and "aggravated battery".
A California "simple battery" takes place when the accuser suffers little to no injury. "Simple" batteries are misdemeanors. The penalty for California misdemeanor battery is up to six months in the county jail and/or a fine of up to $2,000.
A California "aggravated battery" takes place when the accuser suffers a more significant injury. Depending on the extent of the injury, this offense can remain a misdemeanor (with an increased maximum jail sentence), or may rise to felony level, subjecting the individual to a California State Prison sentence.
The exception to these rules takes place when the alleged victim is a "protected person" under the law. California affords special protection to people who work in specific professions. Peace officers, firefighters, doctors, and nurses are just an example of the types of people who fall into this category.
- If you commit an assault or a battery against such an individual.whether they are injured or not.you face a greater jail or prison sentence and higher fines. California Penal Code section 243 (b) controls when there is no injury, and 243 (c) controls when there is.
"Battery on a Peace Officer" -- California Penal Code 243 (b) and 243 (c) (2)
If a California battery (defined above) is committed against (1) a peace officer, (2) engaged in the performance of his/her duties, and (3) you knew or reasonably should have known that he/she was a peace officer engaged in the performance of those duties, you can be prosecuted for this offense.
Let's take a closer look at what that really means.
"Battery on a Peace Officer" -- Definitions of Terms
Below is a description of the terms you need to know to better understand this offense. They are followed by some examples to further illustrate their meanings.
- "Engaged in the performance of duties" means
- making (or attempting to make) a lawful arrest,
- exercising custody over a person, who has been placed under a citizen's arrest,
- detaining (or attempting to detain) a person for questioning, and
- using reasonable force in an effort to
- conduct a lawful detention, or
- to make an arrest.
A peace officer may be "engaged in the performance of his/her duties" regardless of whether the officer is on or off duty. This definition may also apply, pursuant to CPC 243 (b), when the officer is also working as a private security guard or patrolman.
- Some considerations may include, but are not limited to, whether (1) the officer was in uniform, (2) whether the officer was trying to handcuff you or another suspect, or (3) whether the officer was driving in a marked Los Angeles Police Department cruiser, a marked Ventura County Sheriff's car, a marked CHP vehicle, or another marked "black and white".
- Example: Officer Joe (who happened to be walking down the street in shorts and a t-shirt) saw Mike running out of a Long Beach store with a bag of money and a gun. Believing that Mike had just robbed the store, Officer Joe yelled "stop" and ran towards Mike, attempting to apprehend him. When Joe got close, Mike "pistol whipped" him and continued to run.
Given this example, Officer Joe was attempting to lawfully detain Mike.and was therefore engaged in the performance of his duties.despite the fact that he was off-duty at the time. However, a Long Beach "aggravated battery" defense attorney would argue that there was no "reasonable" way for Mike to know that Joe was an officer.
- Joe was in plain clothes, walking down the street, and didn't announce himself as a deputy. This is how Mike's lawyer would prevent the offense from rising to an aggravated "battery on a peace officer".
But,
If the same scenario took place and Joe was in uniform, a Los Angeles Prosecutor would file the enhanced felony under section 243(c)(2) of the California Penal Code, arguing that Mike "knew or reasonably should have known" that Joe was an officer "engaged in the performance of his duties".
Penalties and Punishments for Battering a Peace Officer
"Battering a peace officer" is a "wobbler" which means the offense may be filed as either a misdemeanor or a felony, depending on
- the severity of any injuries,
- the circumstances of the offense, and
- your criminal history.
Generally speaking, if the officer is not injured, the offense will be filed as a misdemeanor, pursuant to CPC 243(b). If the officer is injured, the above three factors will be considered to determine whether to file a misdemeanor or a felony under CPC 243(c)(2). A "serious bodily injury" would prompt the prosecutor to choose between two felonies -- 243(c)(2) or "aggravated battery" under PC 243(d).
PC 243(d) is felony "aggravated battery", can be committed against anyone, and has a slightly stiffer California State Prison sentence than 243(c)(2).
- What is an "injury" under PC 243 (c) (2)?
An "injury" is any physical injury, which requires professional medical treatment. Whether or not the officer actually receives medical treatment is irrelevant.the nature, seriousness, and extent of the injury is what matters. The "injury" must be serious enough that it (1) impairs physical activity, or (2) interferes with the officer's duties. Let me give you an example:
- Rancho Cucamonga Police respond to a California domestic violence call. While Ted was being handcuffed by the arresting officer, he swung his arm to escape the officer's hold and, in doing so, hit the officer in the mouth, cutting his lip.
What is "serious bodily injury" under PC 243 (d)?Even though the officer suffered an "injury", a Rancho Cucamonga battery criminal defense lawyer would argue that the "injury" didn't impair the officer's physical ability or prevent him from being able to carry out his arrest.
"Serious bodily injury" and "great bodily injury" have the same basic meaning under California's battery laws.serious harm to one's body. Examples include a wound that requires extensive stitches, a concussion, broken bones, or disfigurement. Using the same example from above,
- When Ted inadvertently hit the officer while resisting arrest, he actually swung so hard that he knocked one of the officer's teeth out, causing the officer's mouth to bleed profusely. This type of injury would likely require medical attention.
The San Bernardino District Attorney would therefore likely file the battery as a felony "aggravated battery on a peace officer" under California Penal Code section 243 (c) (2) or section 243(d).
Sentence for California Misdemeanor "Battery on a Peace Officer"
The following may all be imposed:
- Informal (also called "summary") probation for up to three years
- Probation may include (1) successful completion of a batterer's program, and/or (2) community service
- Up to one-year in the county jail
- A maximum $2,000 fine
- Up to $10,000 if the officer is "injured" (CPC 243 (c) (2))
Sentence for California Felony "Battery on a Peace Officer"
The following may all be imposed:
- Formal probation
- 16 months, or two or three years in the California State Prison
- Two, three, or four years if "serious bodily injury" is inflicted
- A maximum $10,000 fine
- A possible "strike" on your record
- Pursuant to California's Three Strikes Law, you face a "strike" on your record if
- you inflict "great bodily injury" on the officer, or
- the offense involves "assault with a deadly weapon"
How Do I Fight "Battery on a Peace Officer"? -- CPC Sections 243 (b) and 243 (c) (2)
Some of the most common defenses that an experienced California "assault and battery" defense attorney could present on your behalf include:
Self-defense-
There are two times when self-defense may excuse or mitigate your conduct in using force against an officer: (1) when an officer uses unreasonable or excessive force against you, and (2) when the officer unlawfully arrests you.
- Unreasonable or Excessive Force:
If an officer uses "unreasonable or excessive force" against you, you are entitled to fight back with enough "reasonable" force to counter the level of force being used against you. However, if the judge and/or jury believe that your resistance was not justified or that your use of force was also excessive, you will not qualify for this defense.
- Unlawful Arrest:
- A San Bernardino battery criminal defense lawyer knows the most effective ways to prevent prosecutors from pursuing any type of battery allegation. He/she will argue that if an officer was attempting to "unlawfully" arrest you, that officer was not "engaged in the performance of his/her duties".
- As noted above, being "engaged in the performance of his/her duties" is a requirement that must be proved before you can be convicted of this offense.
Accident-
This defense applies to situations where you didn't "willfully" intend to harm another. For example, if while you were walking down a crowded Santa Monica street, you "accidentally" bumped into a uniformed Santa Monica cop who was conducting an investigation, you would not be guilty of "battering a peace officer" under CPC 243 (b) or (c).
False allegations-
Often times, "battery on a peace officer" is a trumped-up offense based on an officer's unlawful motive for seeking revenge against the accused. Officers who don't like a particular suspect have wide-reaching power to (1) "embellish" what truly took place or (2) cover their own misconduct by claiming that a suspect committed a battery upon them.
John Murray, one of Los Angeles's top criminal defense attorneys states "I've seen many clients who have been wrongly arrested for this offense. False accusations can devastate an individual's family, career, and freedom. A seasoned defense lawyer will reveal the truth."
Who Else is Protected Under California's "Assault and Battery" Laws?
While "battery on a peace officer" defined by PC 243b is one of the most well-known battery allegations that target a particular individual, there are several other people who are afforded this enhanced protection as well. Depending on the circumstances of the offense, you face a variety of different punishments and penalties if you commit a battery or an "assault" upon any of the following individuals:
- Firefighters
- Lifeguards
- Doctors / Nurses / EMTs / Paramedics
- Public prosecutors / public defenders
- Parking or other traffic enforcement personnel
- School employees
- Jurors
- Elders or dependent adults
This list is an example (and is by no means exclusive) of the different people protected by this statute. If you have been arrested for committing an assault or battery against a protected person, it is advisable for you to immediately contact a local criminal defense attorney who specializes in these offenses.
If you or a loved one has been arrested for assault or battery in the Southern California area, do not hesitate to contact our office for a free, confidential consultation.
Additional Resource:
Los Angeles County Batterer's Classes-
A Court appointed list of batterer's classes throughout L.A. County
