Under California Penal Code 243(b) and 243(c), battery on a peace officer or police officer occurs offensively when you willfully touch a peace officer or other protected person. You would be charged under this statute if you touched the officer while they performed their official duties. The prosecution must prove all elements of the crime before you are found guilty of violating California Penal Code 243(b) and 243(c).

You could suffer a lengthy jail sentence if you are found guilty of battery on a peace officer or police officer. Additionally, the conviction can leave a long-lasting impression on your criminal record. If you or a loved one faces charges under this statute, you must be aggressive to fight them and secure a favorable outcome.

Hiring and retaining a reliable criminal defense attorney is critical throughout your case. Your lawyer will protect your constitutional rights and help you build a solid defense against your charges.

An Overview of Battery on a Peace Officer

California law defines battery as touching another person offensively. You will be charged under Penal Code 243(b) or (c) if you commit this crime against a peace officer or police officer. The prosecution must prove these elements before you are found guilty of this offense:

You willfully Touched Another Person in a Harmful Manner

The first element the prosecution must establish is that you touched another person willfully. Your actions are considered willful if you do them deliberately. Slight touching may suffice as a battery when you do it in a harmful or offensive way. In this case, the touching could be direct or by using another object.

The Victim was a Peace or Police Officer

You can only be charged Under PC 243(b) and (c) if the victim of your actions was a peace officer. Additionally, the prosecution must prove that the officer was actively performing their duties. Under this statute, a peace officer could be any of these individuals:

  • Police officers.
  • Firefighters.
  • Private security guards.
  • Lifeguards.
  • Emergency paramedics.
  • Nurses and doctors offering emergency care.
  • Animal control officers.

You cannot be charged with this crime if the alleged victim does not fall under the protected category. However, the prosecution can still pursue a conviction for simple battery.

You Knew or Should Have Known that the Victim was a Peace Officer

Your knowledge of the status of the victim is critical when you face charges for battery on a peace officer or police officer. You cannot be found guilty if the prosecution fails to prove this. Some of the ways through which you can know that someone is a police officer include:

  • Being in a distinctive uniform.
  • Being in a marked vehicle.

The Victim Suffered an Injury that Required Medical Treatment

The prosecution must prove that you caused an injury that warranted medical treatment when you face a felony charge for the battery of a peace officer or police officer.

Sentencing And Punishment for Violating California Penal Code 243(b) and (c)

A California PC 243(b) and (c) violation will often attract misdemeanor charges. The court will impose the following penalties if you face a conviction for the offense:

  • A jail sentence of up to one year.
  • A fine of up to $2,000.

If you use excessive force on an officer and cause an injury that requires medical attention, the prosecution will file wobbler charges. A wobbler is an offense that attracts felony or misdemeanor charges. Some factors that the prosecution will consider when filing your charges include the following:

  • Your criminal history. California law is strict on repeat offenders. The prosecution will file felony charges against you if you have a history of violence against a peace officer.
  • Circumstances surrounding your case. The court will assess the circumstances under which you committed the battery. Additionally, the extent of the injury you caused to the alleged victim could help determine the nature of your charges.

Your conviction under PC 243(b) and (c) will result in these penalties:

  • A prison sentence of sixteen months to three years.
  • A fine of up to $10,000.

Probation for a PC 243(b) or 243(c) Conviction

The court can sentence you to jail time and fines after your conviction for battery on a peace officer. In California, the court uses probation as an alternative to incarceration. When the court sends you on probation, you will serve part of your sentence on community service.

Probation aims to offer rehabilitation for the offender while restoring the victim. The nature of your charges determines the type of probation you will serve. However, probation is not available for all defendants facing charges under this statute.

Your attorney can negotiate a probation sentence for you if you do not have a criminal history. Although probation can be a great way to avoid spending time behind bars, the court attaches some strict conditions to the sentence.

You must follow these conditions through probation and avoid committing other criminal acts. For felony probation, the court may mandate that you report your progress to a probation officer. You could suffer a revocation of your probation if you violate these conditions. Probation renovation could result in the original or maximum jail time.

Defenses Against Battery on a Peace Officer

The consequences of a conviction for battery on a peace officer go beyond incarceration and fines. The criminal record that arises from the conviction can devastate your life. Therefore, you must be aggressive to fight the charges and avoid a conviction.

You can use the following arguments to build a defense against your case.

You Did Not Know that the Alleged Victim Was a Peace Officer

One of the elements that the prosecution must prove to establish your guilt under PC 243(b) and (c) is your knowledge that the alleged victim was a peace officer. If you were unaware of the person’s status as a peace officer, you would not be found guilty under this statute.

However, using this defense will not result in the dismissal of your case. Instead, the prosecution will pursue a simple battery charge. This does not require evidence that the victim was a protected person. A simple battery conviction means that you will receive less serious penalties.

Your Application of Force was Involuntary

You commit the crime of battery on a peace officer or police officer when you willfully touch them rudely or offensively. The prosecution has the burden to prove that your actions were intentional. You can avoid a conviction under this statute by arguing that you touched the officer accidentally.

The Peace Officer was Not Performing their Duty when You Acted

You would be charged with battery on a peace officer or police officer if the alleged victim was performing their official duties. If an officer attempts to arrest you unlawfully or use excessive force against you outside of their work, your use of force against them could be justified.

You Acted in Self Defense or Defense of Others

In California, you have a right to protect yourself from foreseeable harm. This right will hold up even when the harm comes from a peace officer. Sometimes, law enforcement officers use excessive force against suspected offenders. This could create a need for you to protect yourself. Police officers can only use excessive force against you when you resist an arrest.

If you unlawfully touched or used a law enforcement officer to protect yourself or another person, you can use the self-defense argument in your case. A self-defense argument applies if there is a reasonable risk of harm. Additionally, you must have used the force necessary to protect yourself and not harm the officer.

While using this defense, you must understand that defending yourself differs from resisting arrest. You could face an additional charge and conviction if your actions constitute resisting arrest.

You are a Victim of False Allegations

Charges for battery on a peace officer or police officer could arise when you touch the officer offensively. The evidence of injury is unnecessary to convict you of this offense. Most battery cases rely on the testimony of the alleged victim and witnesses. You can be falsely accused of this crime.

You can fight your charges by arguing that you were falsely accused. You can do this by finding inconsistencies in the testimonies presented by the prosecution. A skilled criminal lawyer can help uncover the false allegation scheme for a case dismissal.

Plea Bargain for Battery on a Police Peace Officer

The most favorable outcome in a criminal case is receiving a not-guilty verdict or dismissing your case. Unfortunately, this outcome is not always available if you face charges for the assault of a peace officer or police officer. The prosecution will be aggressive in ensuring that you face maximum penalties for your crime.

You can negotiate a plea bargain with the prosecutors. Prosecutors accept these plea deals if they lack enough evidence to prove your guilt. A plea deal is an arrangement where you accept guilt for a lesser offense in exchange for dismissing your original charge. When prosecutors do not have evidence that you knew the victim of your actions was a peace officer, they can accept a plea deal for simple battery. You will plead guilty to simple battery, and your PC 243(b) and (c) charges will be dismissed.

Unlike battery on a police or peace officer, simple battery is always charged as a misdemeanor. A misdemeanor conviction in California results in a jail sentence that does not exceed one year. As a first-time offender, you can escape incarceration through probation.

In addition to the reduced time behind bars, a simple battery plea deal can protect you from the possibility of facing a felony charge. A misdemeanor conviction has less impact on your personal and professional life than a felony conviction. The prosecution is not quick to accept a plea deal when you face charges for a serious crime like the battery of a peace officer. Therefore, having a reliable defense attorney is critical.

Frequently Asked Questions Regarding Penal Code 243(b) and (c)

An arrest for battery on a police officer is a traumatizing experience. You may be panicked and unsure how to protect your rights and beat the charges. The following are frequently asked questions to help you understand your charges and fight for your freedom:

Can I Expunge a Conviction for Battery on a Peace Officer?

A conviction for battery on a peace officer will have devastating consequences. The conviction will appear on your record and in your background checks. This could impact how employers, school admission boards, and professional licensing boards view you and your applications.

Fortunately, there are several ways through which you can avoid these collateral consequences of your conviction, including expungement. Under California Penal Code 1203.4, an expungement is a legal proceeding that allows you to exchange your plea of guilty or not contest for not guilty, and the court dismisses your case.

Although expunging your record will not remove PC 243(b) and (c) from your record, employers and other people who find the conviction cannot legally use it to discriminate against you. Law enforcement officers and peace officers are ‘protected’ individuals. Therefore, crimes committed against them are viewed negatively by the court and society.

You will be eligible to expunge your battery conviction under the following circumstances:

  • You have Completed your Probation

The court can sentence you to felony or misdemeanor probation depending on the nature of your PC 243(b) and (c) convictions. A probation sentence means that you will spend less time behind bars. The court will impose some conditions you must follow while serving your probation sentence.

You can expunge your record after completing your probation term. Additionally, you must have followed through with all the court-imposed probation terms.

  • You are not Charged with a Criminal Offense or Serving a Conviction for one

You must avoid criminal acts while on probation if the court sentences you to probation for the battery of a peace officer or police officer. Most people want to file for expungement when they complete probation. You cannot benefit from this post-conviction relief if you are serving a sentence for another crime.

The court will assess your eligibility criteria and suitability for relief before granting or denying your petition. If your expungement is granted, you can answer 'no' about prior convictions. Additionally, the expunged conviction will not be used against you.

Can I be charged with a felony under PC 243 (b) or (c) if they did not seek medical attention for their injuries?

Since the battery of a peace officer is a wobbler, the prosecution can file felony or misdemeanor charges against you. The extent of the injury you caused to the peace officer may be a significant factor in determining the nature of your charges. You can still face felony charges even when the officer did not need to seek medical care for the injuries you inflicted on them.

Can I be charged with battery if I did not intend to harm the officer?

Yes. The prosecutor does not need to prove your intent to harm the alleged victim for a conviction under Penal Code 243(b) and (c). However, the actions that led to using force against the peace officer must have been willful for you to be guilty under this statute.

Will my battery charges stick if the peace officer is not on duty?

The definition of battery on a peace officer includes the note that you used ‘force’ on an officer while they performed their official duties. The prosecution must prove your knowledge of the officer's status before you face a conviction for this offense. You could still face a conviction if an officer were performing their duties as a police or peace officer at the time of your crime.

Find a Competent Criminal Defense Attorney Near Me

You can be charged under Penal Code 243(b) and (c) if you use force or violence against a police officer or peace officer. The stakes are high for defendants facing charges of battery on a peace officer or police officer in California. You could be sentenced to jail time, fines, and probation if you face a conviction for the offense.

After you serve your sentence, the conviction will stick to your criminal record. In California, criminal records are accessible to the public. This means that a person who performs a background check on you can find the conviction and use it to discriminate against you.

Fortunately, your arrest under these statutes will not only result in a conviction. With the guidance of a skilled lawyer, you can fight to have your charges reduced or dismissed. At Los Angeles Criminal Lawyer, we understand the impact of a battery conviction on your life.

We offer expert legal guidance for clients battling criminal charges in Los Angeles, CA. Call us today at 310-502-1314 to discuss your case details.