CALIFORNIA CRIMINAL LAWYERS

Los Angeles battery on a peace officer

Battery to a Police Officer: Understanding the Charges and Defenses

Battery, under the California Penal Code Section 242, occurs when someone willfully and unlawfully uses force or violence on another person. The severity of the injury inflicted by that person is not considered in determining guilt. The mere act of unwanted or offensive contact is enough to support a conviction. If the victim suffers serious harm, the case will be charged as a felony aggravated battery. In the absence of any significant injury, the offense is likely to be prosecuted as a misdemeanor.

If the battery is committed against a police officer or other protected persons while they are on official duty, you can be charged with a misdemeanor or felony, regardless of whether the officer is injured or not. A conviction for a misdemeanor battery to a police officer is punishable by imprisonment of up to one year and a fine of no more than $2,000. On the other hand, felony conviction for battery to a police officer attracts a prison sentence of up to three years and a fine not exceeding $10,000.

Who are considered protected persons under California Penal Code 243? The list of people includes paramedics and emergency medical technicians, custodial officers, firefighters, lifeguards, security officers, process servers, animal and code enforcement officers, probation officers, probation department employees, and doctors and nurses giving emergency medical care.

Whether a battery to a police officer is charged as a misdemeanor or a felony is determined on a case-by-case basis. The facts and circumstances of each case will dictate the charges. However, if someone resists a police officer, hits, kicks or makes harmful or offensive contact with the officer, that person can be charged with battery. This offense can even occur when a person tries to escape from a police officer.

Defenses against Battery to a Police Officer

Several defenses are available to someone who is charged with battery to a police officer. These defenses include:

– Unawareness that the other person was a police officer or protected person
– Acting in self-defense or defense of other people
– Accidental occurrence of the act without any intention or wrongful act
– The officer was not acting in official duty while the alleged battery occurred.

The consequences of a conviction for battery to a police officer or any other protected person can be significant and far-reaching, affecting your personal life and employment opportunities. The lawyers at our firm are experienced criminal defense attorneys, respected by both prosecutors and judges. As our client, we will examine every piece of evidence available for and against you and provide you with the possible advice on which path to take.

Do not hesitate to contact us for a free consultation on any arrest. Evidence and witnesses can disappear, so it’s crucial to act promptly. Remember, the prosecution must establish guilt beyond a reasonable doubt for a conviction, so hire a competent criminal defense attorney to give yourself a fighting chance.