Definition

Battery Against a Peace Officer under California Penal Code Section 243 B, is a criminal offense and it is normally filed as either a felony or  misdemeanor. Battery Against a Peace Officer is when someone makes physical contact with a Peace Officer, this contact is deemed to be offensive, and the office suffers physical injury.

Example

A Peace Officer may be a police officer, a patrol officer, a sheriff or a school police officer. The officer may suffer any type of injury, whether a minor injury like a bruise, or a major injury like a concussion to the head as an example, in which case fines would vary.

Elements of the Crime

In order to take an Battery Against a Peace Officer CPC 243 B case to trial, certain elements of the crime will have to be proven. These include:

·         That the defendant is guilty of Battery, only in this case it is a peace officer

·         The defendant committed battery on a peace officer during their regular duties

·         The defendant knew it was a peace office

·         The defendant suffered physical injuries

Punishments for CPC 243 B

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case, the seriousness of the peace officer’s injury, and also an individual’s criminal history.

When found guilty of Battery Against a Peace Officer, it is usually filed as either a  misdemeanor or felony and this includes:

·         As a misdemeanor, the charges are one year in jail, up to two thousand dollars in fines, a three year informal probation, participation in a batterer’s program, and enlisting in community service

·         As a felony, sixteen months, two or three years in prison, up to ten thousand in fines and a formal probation

Legal Defenses for California Penal Code 243 B

A good lawyer can present many legal and valid defenses for Battery Against a Peace Officer charges under California Penal Code 243 B to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended  those who were falsely accused of Battery Against a Peace Officer. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Battery Against a Peace Officer.

The conditions for battery are never clear cut, as there are many other cases of battery under California law, including sexual battery, aggravated battery, assault with a deadly weapon and more. The judge will have to scrutinize all aspects of the case, and the circumstances under which a battery took place in order for justice to run its course.

Learn more about other California Section Penal Codes here