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California Penal Code Sections 243(b) and 243(c)(2) PC prohibit citizens from committing battery on a peace officer. If you’re facing battery charges against law enforcement in Los Angeles, you should know that a conviction carries serious penalties. An experienced criminal defense attorney can help protect your rights as you move through the justice system.
What is Battery on a Peace Officer?
Battery on a peace officer refers to using force against a law enforcement officer while they are performing their duties. Types of battery may include resisting arrest with the use of force or assaulting a uniformed police officer who is on patrol.
However, police officers aren’t the only ones to whom these penal code sections apply. These charges could be added to battery charges if someone attacks:
- Firefighters
- EMTs
- Lifeguards
- Security officers
- Sheriffs
- Prosecutors
- Process server
- Animal control officer
- Search and rescue personnel
California Penal Code Sections 243(b) and 243(c)(2)
The two California Penal Code sections that cover the battery of peace officers are 243(b) and 243(c)(2).
California Penal Code 243(b) explains that a battery against a peace officer can occur even if that peace officer is off duty or not working in an official capacity. As long as the peace officer was performing their duties and the accused assailant knew or should have known they were a peace officer, this section of the penal code may apply.
California Penal Code 243(c)(2) states that the penalties for battery against a peace officer may increase if the injuries require medical treatment.
Possible Defenses for Battery on a Peace Officer
There are a few legal defenses that may apply if you were accused of battery against a peace officer in California, including:
- You acted in self-defense due to the officer’s use of unreasonable or excessive force.
- The accusations are false.
- You did not know or have any reason to know that the alleged victim was a peace officer.
- You did not intend to touch the peace officer in a harmful manner.
- The peace officer was not performing their duties at the time of the alleged battery.
Penalties for Battery Against Law Enforcement
Battery on a peace officer that causes injury that requires medical care is a wobbler offense in California. That means the crime can be charged either as a misdemeanor or a felony.
If the injury to the peace officer didn’t cause injury or require medical care, it could be charged as a misdemeanor. In that case, possible penalties include:
- A fine of up to $2,000
- Imprisonment of up to one year in a county jail
- Both a fine and imprisonment
If the battery caused an injury that required medical care, the crime can be upgraded to a felony, and the penalties can be more severe. Felony battery of a peace officer can result in:
- A fine of up to $10,000
- Imprisonment of up to 3 years in a county jail
- Both a fine and imprisonment
Additional penalties may be imposed if the battery resulted in great bodily harm to the officer.
The Law Offices of Justin E. Sterling: Your Partners in Defense
If you were accused of battery against a peace officer, a hard-hitting criminal defense attorney from the Law Offices of Justin E. Sterling can defend your rights and manage the legal process. Call or contact us today for a free consultation.
