Penal Code 243 PC – Penalties for the California Crime of Battery

Penal Code 243 is the California statute that sets forth the penalties for the crime of battery. Under this section, simple battery and battery on a peace officer are treated as misdemeanor offenses that can lead to six months or one year in county jail (respectively).

When a person commits a battery and inflicts an injury on the victim, the offense can get charged as a felony and lead to jail time of up to four years.

Finally, domestic battery is a misdemeanor crime that is punishable by up to one year in county jail.

Under Penal Code 242 PC, battery is any willful and unlawful use of force or violence upon the person of another. A person commits this crime simply by touching another person in an offensive manner. The offense is a separate crime from assault, per Penal Code 240.

Battery on a peace or police officer, per California Penal Code 243b and 243c, is a battery committed on certain protected persons. Some examples of “protected persons” include:

• custodial officers,
• firefighters,
• EMTs or paramedics, and
• lifeguards.

Under California Penal Code Section 243d, aggravated battery causing serious bodily injury is the crime where a person commits a battery, and the victim suffers a serious bodily injury.

Domestic battery, per Penal Code 243e, is the offense where a person commits a battery against an intimate partner. An “intimate partner” includes a:

• spouse or former spouse,
• fiancé,
• dating partner, or
• co-parent.

Our California criminal defense attorneys will highlight the following in this article:

• 1. What are the penalties for battery?
  • 1.1. Simply battery – PC 242
  • 1.2. Battery on a peace officer – PC 243b and 243c
  • 1.3. Aggravated battery causing serious bodily injury – PC 243d
  • 1.4. Domestic battery – PC 243e
• 2. How does California law define simple battery?
• 3. What is battery on a peace or police officer?
• 4. When does a person commit an aggravated battery causing serious bodily injury?
• 5. What are PC 243e domestic battery charges?

1. What are the penalties for battery?

The specific penalties for battery will vary depending on which form of battery a defendant commits. The possible forms of battery include:

1. simple battery, per PC 242,
2. battery on a peace officer, per PC 243b and 243c,
3. aggravated battery causing great bodily injury, per PC 243d, and
4. domestic battery, per PC 243e.

1.1. Simply battery – PC 242

Simple battery is a misdemeanor offense.

The crime is punishable by:

• up to six months in county jail (as opposed to state prison), and/or
• a fine of up to $2,000.¹

1.2. Battery on a peace officer – PC 243b and 243c

Most violations of Penal Code 243b and 243c are misdemeanors.

A misdemeanor offense under these code sections is punishable by:

• custody in county jail for up to one year, and/or
• a maximum fine of $2,000.²

Note, though, that if a battery inflicts a physical injury on a police officer that requires medical treatment, then the battery becomes a wobbler.

A wobbler is a crime that a district attorney can charge as either a misdemeanor or a felony.

If charged as a misdemeanor, the battery case is punishable by the above penalties.

If charged as a felony, then the battery is punishable by:

• custody in jail for up to three years, and/or
• a maximum fine of $10,000.³

1.3. Aggravated battery causing serious bodily injury – PC 243d

A violation of Penal Code 243d is a wobbler.

If a prosecutor charges the crime as a misdemeanor, it is punishable by:

• up to one year in county jail, and/or
• a fine of up to $1,000.⁴

If the offense gets charged as a felony, then the battery is punishable by:

• custody in jail for up to four years, and/or
• a maximum fine of $10,000.⁵

1.4. Domestic battery – PC 243e

Domestic battery is a misdemeanor under California law.

The crime is punishable by:

• custody in county jail for up to one year, and/or
• a maximum fine of two thousand dollars.⁶

Note that a judge may award a defendant with misdemeanor (or summary) probation in lieu of jail time.

If probation is granted, then the defendant must complete:

• a batterer’s intervention program (sometimes referred to as domestic violence classes or a batterer’s treatment program), or
• if one is not available, then another appropriate counseling program.⁷

Judges will also issue a protective order or domestic violence restraining order ordering the defendant not to harm, threaten, or harass the alleged victim/accuser.

2. How does California law define simple battery?

A prosecutor must prove the following to successfully convict an accused of simple battery:

1. the defendant touched someone else, and
2. the accused did so willfully, unlawfully, and in a harmful or offensive manner.⁸

Note that a person commits battery by merely making physical contact with another person. Further, a person commits the offense even if he/she did not injure the alleged victim.⁹

“Offensive touching” is touching that is

• violent,
• rude,
• angry, or
• disrespectful.¹⁰

Criminal defense lawyers can use a legal defense or draw upon certain defense strategies to challenge any type of battery offense. Effective legal defenses cast reasonable doubt upon the charges filed.

A common defense in these cases is for a defendant to show that he/she acted in self-defense or in the defense of others.

3. What is battery on a peace or police officer?

People commit the crime of battery on a police officer when:

1. they commit a battery on a peace officer or other protected person performing his/her duties, and
2. when they acted, they knew, or reasonably should have known, that the victim was a peace officer or other protected person engaged in the performance of his/her duties.¹¹

For purposes of this statute, “other protected persons” include:

• custodial officers,
• firefighters,
• EMTs or paramedics,
• California highway patrolman,
• lifeguards,
• animal control officers,
• private security guards,
• process servers,
• employees of a probation department, and
• doctors and nurses providing emergency medical care.¹²

4. When does a person commit an aggravated battery casing serious bodily injury?

People violate Penal Code 243d when:

1. they commit a battery, and
2. the battery causes a “serious bodily injury” to the victim.¹³

A “serious bodily injury” is defined as any serious impairment of someone’s physical condition.¹⁴

Note that it is not necessary that the victim seek medical treatment for the injury.¹⁵

Physical injuries that are considered serious may include (but are not limited to):

• loss of consciousness,
• concussions,
• bone fractures,
• protracted loss or impairment of a function of any body part or organ,
• wounds requiring extensive suturing, and
• serious disfigurement.¹⁶

5. What are PC 243e domestic battery charges?

A prosecutor must prove the following to convict a person of a domestic battery charge:

1. the defendant committed a battery, and
2. the alleged victim and the defendant were intimate partners.

“Intimate partners” under this statute include:

• spouses or former spouses,
• cohabitants,
• engaged persons (either currently or formerly engaged),
• parents of a child, and
• persons in a dating relationship, or sexual or intimate relationship (either currently dating or formerly dating).¹⁷

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