Penal Code 243b and 243c(2) are California’s laws called Battery on a Peace Officer. These laws define the offense as willfully and unlawfully touching a peace officer or other protected official in a harmful or offensive manner, while the officer is engaged in the performance of his or her duties.
It is a violation of 243 PC if the defendant knew or should have known, within reason, that the “victim” was a peace officer or other such person performing his or her duties, when he or she committed the battery.
In addition to peace/police officers, the individuals protected by California’s Battery on a Peace Officer laws include such persons as firefighters, emergency medical technicians and paramedics, custodial officers, probation department employees, medical personnel providing emergency care, and process servers.
These charges are normally misdemeanors. Penalties when filed as a misdemeanor include time in county jail and/or a fine. However, if the battery causes a serious injury, then it may be filed as a felony. If filed as a felony, the consequences for battery on a peace officer become more severe.
Commonly used defenses include that the defendant was acting in self-defense, was not acting willfully; and/or, the officer in question was not engaged in his or her duties when the alleged battery occurred.
The law office of H. Charles Gorian is experienced at fighting these charges. We know the California laws that affect your situation and we are prepared to stand in your corner and battle for your legal rights. Our law firm has helped men and women throughout Riverside County, San Bernardino County, and San Diego County, and we may be able to help you.
One phone call could be the difference between harsh criminal penalties and freedom. Call our lawyer today for a free, no-risk, no-obligation case evaluation.