Battery on a Police Officer

Battery on a police officer or peace officer consists of unlawfully touching said officer willfully and in a harmful or offensive manner. The police officer, however, must be performing his or her duties as a police officer for the touching to violate Penal Code 243.

“Peace officer” is a relatively broad term, extending its protection under the law to persons such as custody officers, firemen, probation officers and employees, anyone that provides emergency medical care (EMTs, nurses, etc.), and those that serve.

Violation of Battery on a police officer PC 243(b) and (c) carries a punishment of up to a $2,000 fine and a year in prison. The fine may be increased to up to $10,000 if charged as a felony.

Prosecuting California Penal Code Sections Battery on a police officer 243(b) and 243(c) 

To prove a violation of Battery on a police officer PC 243(b) or (c) the prosecutor must prove:

1. There was a battery committed;
2. It was committed on an police officer;
3. The officer was performing his or her duties as an officer; and
4. The batterer knew or should have known the victim was an officer.

This crime is usually a misdemeanor, but is considered a “wobbler” in California when it results in injury to the police officer that requires medical attention. This means the prosecutor has some discretion in charging you with a misdemeanor or a felony. The factors considered by the prosecutor in making that call include your criminal history, the egregiousness of the battery, and any number of surrounding circumstances of your specific case.

Penalties

The reason the fine may reach $10,000 is because felonies carry a much harsher punishment than misdemeanors. In addition, a misdemeanor conviction holds a maximum jail sentence of one year, whereas a felony can land you in jail for up to three years.

Defending 243(b) and 243(c) Charges