Under California Penal Code 243 (PC), battery is usually punishable by up to six months in jail and a $1,000 fine. But if the battery involves attacking a police officer, firefighter, or other protected worker, the penalties are more severe as described in Penal Code 243(b) and 243(c). If you are accused of battery against a police officer or other protected worker, contact a defense lawyer immediately.
What is Considered Battery Under California Law?
California Penal Code 242 (PC) defines battery as “any willful and unlawful use of force or violence upon the person of another.” In other words, battery occurs when a person intentionally and illegally uses force against someone else. Though the terms are often used interchangeably, battery involves actual physical contact, whereas assault refers only to the attempt or threat to use force, not physical contact.
What Professions are Covered by 243(b) and 243(c)?
These charges are most commonly filed against those who commit battery on peace officers, including employees of police departments, sheriff’s departments, and the California Highway Patrol. However, enhanced penalties apply to first responders, government workers, and other professionals, including:
- Animal Control Officers
- Code Enforcement Officers
- Custodial Officers (such as probation officers)
- Emergency Medical Technicians
- Firefighters
- Lifeguards
- Nurses
- Physicians
- Process Servers
- Search and Rescue Workers
- Security Guards
- Traffic Officers
What Must the Prosecution Prove?
In order to convict you of these charges, prosecutors must show:
- You willfully used force or violence
- Against someone you knew (or should have known) was a protected employee
- Who was engaged in the performance of their duties
For example:
- If a dancer accidentally struck a security guard during a performance, it wouldn’t be considered battery because it was an accident.
- If a surfer punched someone without realizing the victim was a lifeguard, he could be charged with battery, but shouldn’t face enhanced penalties.
- If a woman slapped an off-duty firefighter drinking at a bar, it would be battery, but she wouldn’t face enhanced sentencing since he wasn’t engaged in his duties.
- On the other hand, if someone spat on an undercover officer performing a stakeout after the officer showed his badge, they could be charged under 243(b) (PC).
What is the Sentence for Battery on a Peace Officer in California?
Penal Code 243 (PC) details penalties for various battery offenses, including simple and domestic battery.
Battery Without Injury
Section (b) makes battery against a peace officer, firefighter, or other protected employee without injury a misdemeanor, punishable by up to one year in jail and $2,000 in fines.
Battery Causing Injury
If the victim suffers an injury, the charges will be filed under section (c), which can be charged as a misdemeanor or felony. As a misdemeanor, it carries a maximum penalty of up to one year in jail and $2,000 in fines. As a felony, the penalty can be as high as 3 years.
Battery Resulting in Serious Injury
Regardless of the victim’s profession, battery that causes serious injury is always a felony under 243(d) (PC). This offense carries a maximum sentence of four years in prison.
Battery on a Peace Officer and the Three Strikes Law
When charged as a felony, this crime is a violent crime and a strike under the three-strikes law. As a result, 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 Battery on a Police Officer
Every case is unique. Your attorney may consider one of these common defense strategies:
You Don’t Meet the Standards for a Conviction
It isn’t enough for the prosecution to just argue that you used force against a peace officer or other protected employee. They must also prove that it was intentional, that you knew the profession of the victim (or should have known), and that the individual was engaged in the performance of their duties.
You’re a Victim of False Allegations
If you have been falsely accused of this crime, you may be able to prove it using video evidence or witness testimony.
You Were Acting in Self-Defense
It is legal to defend yourself or someone else against threats or violence. However, this defense does not apply when the police performed a legal arrest. Even so, if there is evidence that the police were performing an illegal arrest or using excessive force, your attorney may be able to successfully use this strategy to help
you.
Negotiating a Plea Deal
Most criminal charges in California are resolved through plea bargains. A skilled San Diego criminal defense attorney, like Peter Liss, can help plead down the charges or penalties so you face the minimum possible sentence.
Related Crimes
It is common for those accused of committing battery on a police officer to face other charges as well, including:
- Assault on a Police Officer
- Attempted Murder
- Murder
- Resisting arrest
- Resisting an executive officer
- Sightseeing at the Scene of an Emergency
Frequently Asked Questions
Is Battery on a Police Officer a Felony?
When battery results in injury, it can be filed as a felony, but most cases may also be filed as a misdemeanor.
What’s the Difference Between 241(c) (PC) and 243(b) (PC)?
Although the penalties under these sections are the same, Penal Code 241 (PC) applies to assault, meaning the threat or attempt to use force against a peace officer, while Penal Code 243 (PC) applies to battery, which involves actual use of force. Under 243(b), even if no injury occurs, physical contact is still required for a battery charge, while assault under 241(c) does not require physical contact or injury.
Can Battery on a Peace Officer Charges be Dropped?
Yes, an attorney may be able to get these charges reduced or dropped based on the specific circumstances.
Is it a Defense to Argue That the Officer Used Excessive Force First?
Excessive force can be a defense to these charges. However, police are given a lot of leeway in what is considered “reasonable” while making an arrest. As a result, this defense should only be attempted with the help of an experienced defense attorney.
Accused? Here’s What to Do
If you have been charged with battery against a peace officer, insist on speaking with a lawyer as soon as possible. Invoke your right to silence and do not attempt to defend yourself. Remember that anything you say can be used against you.
Vista and San Diego attorney Peter M. Liss has 40 years of experience fighting violent crime charges. Call (760) 643-4050.to schedule a free initial consultation.
