Last Updated on December 3, 2024

Police officers, firefighters, EMTs, and other first responders are a protected group known as “peace officers” under California law. When someone knowingly commits assault or battery against one of these individuals, they can face additional penalties for these crimes under Penal Codes 241(c), 243(c), and 243(b) (PC). There are many ways to fight these charges, but your attorney should always base your defense on your unique circumstances. Because every case is different, always speak with a lawyer before attempting to defend yourself against these serious allegations, or you could say something that may harm your defense.

Who is Considered a Peace Officer Under California Assault and Battery Laws?

While most people know they can face additional penalties for committing assault or battery on a police officer, the law also protects a variety of first responders and other government officials. You can face more serious charges if you threaten, attempt to harm, or physically harm a:

Police Officer
Sheriff
California Highway Patrol Officer
Firefighter
Emergency Medical Technician (EMT)
Paramedic
Lifeguard
Prosecutor
Process Server
Traffic Officer
Code Enforcement Officer
Animal Control Officer
Search and Rescue Member
Physician or Nurse Rendering Emergency Medical Care Outside a Medical Facility
Employee of the Probation Department

Under the law, it does not matter if one of these individuals was on or off duty when attacked as long as they were engaged in the performance of their duties. For example, an off-duty firefighter would still be protected if they were attempting to put out a fire or handle crowd control in a dangerous situation.

What is the Sentence for Assault on a Police or Peace Officer?

Under Penal Code 241(c) (PC), it is against the law to threaten or attempt to use force against any individual that falls under one of the protected classes above as long as they are engaged in the performance of their duties. The severity of the charges in this crime will vary based on the situation’s specifics. Most offenses fall under what’s called “simple assault,” meaning the victim was threatened or someone attempted to harm them. If a weapon is used, the offense is considered “aggravated assault,” which carries more severe penalties.

Under this law, simple assault on an officer is a misdemeanor punishable by up to 1 year and $2,000 —this is twice the maximum penalty for simple assault against a typical individual.

Assault with a deadly weapon, filed under Penal Code 245 (PC), usually carries a maximum sentence of 4 years, but when it involves a peace officer as the victim, the maximum penalty is increased to up to 5 years in prison. If the weapon was a firearm, the penalty can be as high as 8 years, or even 12 years if the offense involved a machine gun.

Assault with a deadly weapon is considered a violent strike in California under the state’s three strikes law, meaning you will need to serve out 85% of your sentence before you become eligible for parole. Additionally, if you have a previous strike on your record, your sentence will automatically be doubled, and if you have two prior strikes, you can be sentenced to life imprisonment.

What is the Sentence for Battery on a Police or Peace Officer?

Battery involves the actual use of force against a victim rather than just threats or the attempt to use force. If the victim is a peace officer as defined above, you can face criminal charges under California Penal Code 243(c) or 243(b) (PC). When the officer suffered minimal injuries and did not require hospitalization, the charges will be filed under 243(b) (PC), a misdemeanor punishable by up to 1 year and a fine of $2,000. While still only a misdemeanor, this charge has a penalty twice as high as a standard simple battery charge.

If the victim suffers more serious injuries, charges will be filed under 243(c) (PC), which is always a felony, punishable by up to 3 years in prison. As a violent felony, this offense is a strike, so those convicted must serve 85% of their sentence before becoming eligible for parole. Anyone with a previous strike will have their sentence doubled for this offense, and if they have two prior strikes on their record, a conviction will result in life imprisonment.

Defenses to Assault and Battery on a Peace Officer

There are many ways to fight these charges, and the right defense for your situation will be based on your unique circumstances. In cases where it’s clear that assault or battery occurred, it can often help to show the prosecutor is unable to fully prove the charges. In order to secure a conviction for assault or battery on a peace officer, the prosecution must be able to show that:

you knew the officer was a peace officer
the officer was actively performing their duties when the alleged attack occurred
you were not acting in self-defense or in the defense of others
the attack was intentional

The first two elements make it easy to question whether the officer was off duty or out of uniform. For example, if you assault a police officer who is off duty and getting drunk at a bar, you can be charged with assault; however, you will not face these enhanced charges and the lengthier penalties because he was not engaged in his duties, even if you knew he was a police officer.

Similarly, if you committed battery on an off-duty animal control officer attempting to trap a wild animal, you wouldn’t be guilty of the peace officer enhancement as long as you didn’t have reason to believe she was an animal control officer.

In other cases, you may be able to fight the charges by arguing that you were acting in self-defense, which is considered a complete defense, meaning you will not face charges. This defense is difficult to use if the individual was a police officer in uniform, as it requires showing the arrest was illegal or that the officer was using excessive force. Using force against an officer performing a legal arrest is a crime. Never attempt to use this defense to these charges without your attorney present.

Additionally, you may argue that you did not act intentionally. For example, suppose you were dancing in a crowded club and accidentally elbowed a law enforcement officer in the nose. In that case, you cannot be charged with battery because you didn’t purposefully act.

Occasionally, you may be able to successfully argue that the charges stem from false allegations. While this defense may be difficult to use successfully, it can be strong if you have evidence from police body cams, videos of the officers performing their duties, or multiple witnesses. For example, if an officer is knocked unconscious by another officer when trying to subdue an unruly suspect, the officer responsible could blame the suspect —unless there is evidence to show he was lying.

In many cases, the best defense to these charges is to plead them down through a plea bargain that lowers the severity of the offenses to standard assault or battery rather than these enhanced charges. As misdemeanors, these charges carry half the jail time, and when filed as a felony, dropping the enhancements can strip years off of a potential prison sentence.

Related Charges

It is common for those accused of these charges to be accused of other criminal offenses as well. Common charges filed alongside these include:

unauthorized entry into a closed emergency area
interfering with the duty of a firefighter
sightseeing at the scene of an emergency
resisting arrest
resisting an executive officer (a similar offense to resisting arrest, only involving the threat of violence)

Call a Criminal Defense Attorney Today

Assault and battery against a peace officer is a serious criminal offense that can leave you behind bars for lengthy periods of time. If you have been accused of this offense, a violent crimes attorney can help fight the allegations to ensure you get the best possible outcome for your situation. If you have been charged with any type of assault or battery, please contact defense lawyer Peter M. Liss at (760) 643-4050 to schedule a free initial consultation.