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California Penal Code Sections 243(b) and 243(c)(2): Battery on a Peace or Police Officer

Battery on a peace or police officer is a serious offense in California that can lead to misdemeanor or felony charges. Let’s break down what these laws actually say and what the implications are if you are charged.

What is California Penal Code Section 243(b)?

This law states that battery committed against certain protected professionals, including peace officers and police officers, is punishable as a misdemeanor offense^[1]. The text of the law is as follows:

When a battery is committed against the person of a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, nonsworn employee of a probation department, or a physician or nurse engaged in rendering emergency medical care, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.

So in basic terms, if you commit a battery (unlawful use of force or violence) against certain professionals like police officers who are carrying out their lawful duties, you can be charged with a misdemeanor. The maximum sentence is a $2000 fine and/or up to 1 year in county jail.

What is California Penal Code Section 243(c)(2)?

This section covers battery on a peace or police officer that results in an injury^[2]. The text states:

When the battery specified in paragraph (1) is committed against a peace officer engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, nonsworn employee of a probation department, or a physician or nurse engaged in rendering emergency medical care, and an injury is inflicted on that victim, the battery is punishable by a fine of not more than ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment.

So if the battery causes injury to a peace officer or other protected professional carrying out lawful duties, it becomes a “wobbler” offense that can be charged as either a misdemeanor or felony. The maximum misdemeanor sentence is a $10,000 fine and/or 1 year in county jail. The maximum felony sentence is 16 months, 2 years or 3 years in state prison.

What Does “Battery” Mean?

Battery under these code sections carries the same definition as battery in California Penal Code Section 242. This covers any willful and unlawful use of force or violence against another person. Some examples include^[3]:

Hitting, punching, slapping, or kicking someone
Pushing or shoving someone forcefully
Throwing an object at someone
Using a weapon against someone
Offensive touching of an intimate body part

The touching does not need to result in pain or injury – just an offensive touching is enough. And the force or violence does not need to be direct – indirectly causing harm to someone, such as by poisoning their drink, can also qualify as battery.

Protected Groups Under These Laws

As you can see in the code sections above, battery against the following professionals carrying out lawful duties can lead to increased penalties:

Peace officers
Police officers
Custodial officers
Firefighters
Emergency medical technicians
Lifeguards
Security officers
Custody assistants
Process servers
Traffic officers
Code enforcement officers
Animal control officers
Search and rescue members
Nonsworn probation department employees
Physicians rendering emergency care
Nurses rendering emergency care

These laws aim to provide extra protection to those who put themselves at risk to protect public safety. Assaulting them has consequences.

What Does “In the Performance of Duties” Mean?

For these penalties to apply, the protected professional needs to be “engaged in the performance of his or her duties” when the battery occurs. This covers^[4]:

When they are actively carrying out job duties prescribed by law or regulation
When responding to an emergency
When making a lawful arrest or detention
When preventing/detecting crime
When performing community caretaking functions like helping someone in need

It does NOT include times when they are not performing official duties, like when off-duty or engaged in misconduct.

Prosecution Must Prove Awareness of Victim’s Status

To convict under these laws, prosecutors must also prove the defendant knew or reasonably should have known the victim was a protected professional carrying out lawful duties. Signs that help establish awareness include^[5]:

The officer was in uniform
The officer identified themselves as law enforcement
The officer was driving a marked patrol vehicle
The officer was making an arrest or detention when battered
The officer was responding to an emergency call

Defenses to Battery on a Peace/Police Officer

Some potential defenses to fight these charges include:

Self-defense or defense of others: Force may be justified if used to defend yourself or someone else from imminent harm.
Accident: You may lack the required intent if the touching was purely accidental.
Mistaken identity: You may not have known the victim was a protected professional.
Officer was not performing lawful duties: Increased penalties don’t apply if the officer exceeded lawful authority.
No touching occurred: Challenge the prosecution’s proof that any battery took place.
Lack of injury: For felony charges under PC 243(c)(2), contest that any legally recognized injury occurred.

Penalties for Battery on a Peace/Police Officer

Potential penalties if convicted under PC 243(b) or (c)(2) include:

Misdemeanor: Up to 1 year in county jail, a fine up to $10,000, informal probation, counseling, restitution, and other terms.
Felony: 16 months, 2 years or 3 years in California state prison, a fine up to $10,000, formal probation, restitution, and other terms.

The court can also impose certain enhancements like a prior serious felony enhancement under PC 667(a) that adds 5 years to a sentence. And a conviction can negatively impact immigration status for non-citizens.

Related Offenses

Other charges may apply in addition to or instead of battery on a peace/police officer. These include:

Resisting arrest – PC 148(a)
Assaulting an officer – PC 241 or 245
Threatening an officer – PC 71
Trying to deter an officer – PC 69
Assault with a deadly weapon – PC 245

A skilled criminal defense lawyer can help identify and contest any charges stemming from alleged misconduct against law enforcement.

Get Legal Help Fighting These Allegations

Allegations of battery on a peace or police officer should be taken very seriously. An experienced California criminal defense attorney can advise you on the best defense strategies and work to achieve the most favorable resolution possible. Don’t hesitate to seek legal help fighting back against these charges.