Information on the crime of battery on a police officer is found at California penal code sections 243(b) & PC 243(c). This article discusses the law, punishment, and common defenses related to battery to law enforcement personnel in general individuals, such as probation officers, code enforcement officers, firefighters, emergency rescue, etc. and includes information specific to the crime of battery on a police officer.

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PC 243 Laws

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PC 243(b): Non injury battery against a police officer or other law enforcement officer:

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When a battery is committed against a police officer, custodial officer, firefighter, emergency medical technician, security officer, 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, and the person committing the offense knows, or reasonably should know, that the victim is a peace officer, custodial officer, firefighter, emergency medical technician, 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,, the battery is classified as a misdemeanor (PC 243(b) abbrev.).

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PC 243(c)(1) Battery causing injury against emergency personnel not including a police officer:

 

When a battery is committed against a custodial officer, firefighter, emergency medical technician,, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, whether on or off duty,, and the person committing the offense knows or reasonably should know that the employee of a probation department, custodial officer, firefighter, emergency medical technician, process server, traffic officer, or animal control officer is engaged in the performance of his or her duties, and an injury is inflicted on that victim, the battery may be charged as a misdemeanor or a felony (PC 243(c)(1) Abbrev.).

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PC 243(C)(2) Battery causing injury against a police officer:

 

When the battery causes injury and is committed against a peace officer engaged in the performance of his or her duties, whether on or off duty, and the person committing the offense knows or reasonably should know that the victim is a peace officer engaged in the performance of his or her duties, the battery is charged as a misdemeanor or as a felony (PC 243(c)(2) Abbrev.).

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Injury defined: Injury, for purposes of PC 243 crimes, means any physical injury which requires professional medical treatment.

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Serious bodily injury defined: serious bodily injury, for purposes of PC 243 crimes, means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.

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PC 243 Punishment

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PC 243(b): Battery of a police officer (without injury) is charged as a misdemeanor. If found guilty of PC 243(b), the defendant could face up to one year in county jail.

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PC 243(c)(1): ​Battery of emergency personnel causing injury (not including a peace officer) is charged as a misdemeanor or as a felony (wobbler). If found guilty of misdemeanor PC 243(c), the defendant could face up to one year in county jail; if found guilty of felony PC 243(c)(1), the defendant could face up to three year year in jail.

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PC 243(c)(2): Battery on a peace officer causing injury is charged as a misdemeanor or a felony (wobbler). If found guilty of PC 243(c)(2) as a misdemeanor, the defendant could face up to one year in county jail; if found guilty of PC 243(c)(2) as a felony, the defendant could face up to three years in jail.

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Probation: Probation is a period of supervision, with or without some actual jail, which is intended to serve in place of a longer jail commitment. Probation sentences are available in some battery on a police officer charges. Whether or not a the defendant will be granted a probation sentence after a PC 243 conviction depends largely on the facts of the case, the exact criminal charges, and the defendants' criminal history. When jail is ordered as a term of probation the jail sentence may usually be served on house arrest or work release.

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Split & Suspended Sentence: felony Jail sentences may be split or suspended in PC 243(c)(1) cases. A split sentence means that the defendant may be allowed to serve some part of his or her jail sentence in custody and some part of it out of custody on work release or house arrest; a suspended sentence means that the defendant may have his or her jail sentence suspended (not served) unless there is a violation of the defendant's probation. Whether a split or suspended sentence will granted by the judge in any battery on a police officer cases depends on several factors.

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Three Strikes Law: Both PC 243(c)(1) and PC 243(c)(2) Battery on emergency personnel causing injury and battery on a peace officer causing bodily injury, respectively, are considered strike offenses under California's Three Strikes law as theses offenses are considered serious under penal code 1192.7.

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CIMT: Battery on a police officer, without injury, is not a crime involving moral turpitude.

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In addition to the penalties listed, if found guilty of battery on a police officer (or emergency personal) the defendant could be faced with any of the following punishments: fines and fees, restitution, restraining orders, loss of a professional license, loss of firearm rights (PC 243(c)(1) & 243(c)(2) felonies), loss or revocation of military enlistment, and more.

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PC 243 Defenses

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Common defenses to the crime of battery on a a police officer include statute of limitations, false arrest, mistake of fact, insufficient evidence, lack of injury (PC 243(c)(1) & 243(c)(2) cases, coerced confessions, and more. For more information on defenses in general, see Defenses to Crimes.

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If you have been charged with battery on a police officer (PC 243(b), 243(c)(1), or 243(c)(2), contact our criminal defense lawyers today for a free consultation. Our criminal defense lawyers are available 7 days a week to assist you. Call today!

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909-913-3138

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