Battery on a Peace Officer

Peace officers in California are a protected group; therefore, offenses against a peace officer can be punished severely. Battery on a peace officer is one of the serious offenses under California law. It is a crime to willfully and unlawfully touch a peace officer in an unwanted or offensive way. If you are facing a charge of battery on a peace officer in Pasadena, contact the Michele Ferroni Pasadena Criminal Attorney Law Firm for legal assistance. We will help you understand the charges and build a strong defense strategy to fight the charges you are facing. 

What is Battery on a Peace Officer 

California Penal Codes 243b and 243c make it a crime for a person to willfully and unlawfully touch a peace officer in an unwanted or offensive manner in the course of that officer’s duties. 

These charges are often likely to occur in scenarios such as:

• During an arrest.
• During a protest .
• In the course of a criminal trial.

Situations that are often charged and require the response of a police or peace officer are ripe grounds for battery or assault charges. When it comes to prosecuting the offense, the court must establish that the offense satisfies all the elements of battery on a peace officer. 

Here are the elements of the offense:

• The victim was a peace officer.
• You touched the victim willfully and unlawfully.
• At the time of the offense, you knew or should have reasonably known that the victim was a police officer actively performing their duties.

Let’s further define the elements of the offense:

To commit an act willfully means that you did it on purpose or willingly. Therefore, if you intentionally punch an officer during an arrest, you fulfill the definition of committing the act willfully. Acting willfully is different from the intention you had when committing the offense. Whether or not you intended to break the law or hurt another person, it is considered a willful act if you voluntarily and intentionally touched the peace officer. 

Another element of battery on a peace officer is that you must touch the victim. Touching in battery offenses is defined as making contact with the victim directly or indirectly angrily or rudely. This means that brushing against a peace officer on the sidewalk won’t get you a battery charge. 

However, if you do it rudely or offensively, you are likely to face a battery charge. Touching also applies to any contact done through the officer's clothing or with an object. The officer must also be engaged in their official duties, whether they are on duty or not. 

Another element of the offense is that the victim must be a peace officer. Peace officers are a protected group of professionals. they include:

• Firefighters.
• EMTs.
• Paramedics.
• Custodial officers.
• California Highway Patrol officers.
• Animal control officers.
• Lifeguards.
• Private security guards.
• Process servers.
• Medical professionals providing emergency care.
• Officers from the probation department.
• Police officers.
• Correctional officers and parole agents.
• Employees of the district attorney’s office.

When charged with battery on a police officer, your best bet is to work with a criminal defense attorney to fight your charges by identifying the legal defense that will work in your case. 

Possible Legal Defenses to Battery on a Peace Officer

As with all crimes, you have the right to defend yourself against charges of battery on a peace officer. As already mentioned, it’s wise to work with a criminal defense attorney who has worked with other defendants facing the same charges as you are. 

The criminal defense attorney is responsible for evaluating the circumstances of the offense and establishing whether the offense meets all the elements of the crime.

Your attorney will also prepare a defense strategy that includes some of the legal defenses to fight battery charges. Some of the defenses your attorney may apply to your case, include:

1.  You Acted in Self-Defense 

Police brutality and misconduct are a significant source of battery and assault charges against those who attempt to protect themselves or others from the threat you believed a peace officer posed to them. 

If you are a victim of police brutality or misconduct and are charged with battery on a peace officer, as a result, you can use the defense of self-defense to fight the charges. 

If you can prove that you believed you were in reasonable danger and that the actions you took were in response to that belief, you can use self-defense to fight charges of battery on a peace officer.

Police brutality/misconduct can arise due to: 

• Unlawful detention or false arrests.
• Use of excessive force.
• Racial profiling.

Your attorney will collect the relevant evidence to prove that you acted in self-defense. 

2.  You Did Not Know the Victim was a Peace Officer 

You are guilty of a battery on a peace officer if you intentionally and willfully touch a peace officer offensively. This implies that you must know that the victim is a peace officer and you proceed to commit the crime. 

The prosecution will use elements such as the officer’s uniform, vehicle, or other identifying elements to demonstrate that you knew or should have reasonably known that the victim was a peace officer. 

3.  You Did Not Act Willfully 

For a crime of battery to be complete, the act must have been willful on the defendant's part. This means that they intentionally touched the officer rudely or offensively. Therefore, if you accidentally touched the officer, then you have a defense against the charge of battery on a peace officer. 

For example, if you stumbled and accidentally hit a fireman, you can defend your actions by demonstrating that you did not willfully touch that fireman. 

4.  False Accusations 

False accusations are common in assault and battery charges, including charges of battery on a peace officer. If you were falsely accused, your attorney will compile evidence that shows that you did not commit the crime. 

This might include talking to witnesses, cross-examining the alleged victim, and providing additional evidence such as the officer's body cam footage, where possible. 

The goal is to show that either the accuser misrepresented certain facts about the interaction or that you were not the person who committed the crime. 

5.  The Victim Was Not Engaged in their Official Duties 

A person is only guilty of battery on a peace officer if they commit the offense on a peace officer performing their official duty. Therefore, if the officer was not engaged in their official duty at the time of the offense, you are not guilty of battery on a peace officer. 

While this defense works against this charge, the likely outcome is that the charge will be reduced to a simple battery – which has lesser consequences than a battery on a peace officer. 

Based on the evidence the prosecution has and the legal defenses your attorney presents, there are several potential outcomes from a battery on a peace officer charge. Here are some of the outcomes:

• You may be found guilty of battery on a peace officer. If the prosecution can prove beyond a reasonable doubt that you willfully and unlawfully touched a peace officer rudely or offensively, you will be found guilty of the offense. In this case, you will be sentenced based on the circumstances of the offense, including whether the officer suffered an injury or pain from your actions.
• Your case is reduced to simple assault or battery. If the crime does not meet all the elements of battery on a police officer charge, you can be charged with the lesser offense of simple battery or assault. This happens when the prosecution can prove that you did commit battery, but the peace officer was not performing their duties, or you could not have reasonably known that they were a peace officer. 
• The other possible outcome is that your case could be dismissed. The court will dismiss your case if the prosecution cannot prove the elements of the crime beyond a reasonable doubt. If the case had gotten to trial, you would have been acquitted. 

With multiple possible outcomes in a battery on a peace officer charge, it is advisable to work with an experienced criminal defense lawyer. The advantage of working with an attorney is that they understand the court process, they are familiar with various defense tactics and regulations you might not be aware of and they know how to conduct themselves in a court when presenting their case. 

Penalties for Battery on a Peace Officer 

Committing battery on a peace officer is a misdemeanor offense punishable by a maximum of one year in county jail and a fine not exceeding $2000. 

However, if the crime caused physical injury to the peace officer, the offense becomes a wobbler. Therefore, the court has the discretion to charge it as a misdemeanor or a felony, depending on the circumstances of the offense and your criminal record. 

As a felony, the offense attracts a county jail sentence of up to three years and a fine not exceeding $10,000. Some of the aggravating circumstances that could result in a felony charge include:

• You committed the offense using a deadly weapon, in which case, you will be charged with assault with a deadly weapon or aggravated battery. The offense attracts a state prison sentence of 2,3, or, 4 years and/or a fine of up to $10,000. In some cases, the court may impose a country jail sentence of up to one year. 
• The peace officer suffered serious bodily injury. 

When charged as a felony, battery on a peace officer attracts a strike on your record. The prosecution might bring on additional charges such as resisting an arrest, depending on the circumstances of the offense. 

Whether convicted for a misdemeanor or felony charge, you are eligible for probation instead of a jail sentence. Fortunately, you can expunge your criminal record after completing your probation or sentence. 

Related Charges 

Battery on a peace officer is closely related to other charges. They may be charged in addition to or instead of battery on a peace officer. Here are the commonly related charges.

1.  Simple Battery 

Let's say the prosecution can't prove the elements of battery on a peace officer beyond a reasonable doubt; the prosecution might choose to have the offense reduced to a simple battery charge. 

Simple battery is a more general offense that describes the crime of unlawfully and willingly touching another person offensively, whether or not the person suffers any injury or pain. 

Simple battery is a misdemeanor punishable by not more than six months in county jail with a fine of up to $2000. 

2.  Battery Resulting in Serious Injury 

In cases where you cause serious bodily injury to another person, you will be charged with the more serious offense of aggravated battery. The prosecution can opt for this offense instead of battery on a peace officer. This is common if they cannot prove that you knew that the victim was a peace officer, or they cannot prove that the peace officer was engaged in their official duty at the time of the offense. 

Battery causing serious bodily harm is a wobbler offense. A misdemeanor conviction results in a maximum jail term of one year while a felony attracts a jail sentence of up to four years. The court will determine whether to charge the offense as a misdemeanor or felony based on the nature and extent of injury the victim suffers. 

3.  Resisting Arrest 

Battery on a peace officer (particularly law enforcement officers) happens while they are making an arrest. This could lead to charges of resisting an arrest in violation of the California Penal Code 148 alongside charges of battery on a peace officer. 

You can also be charged with resisting arrest if you attempt to delay or obstruct a peace officer in their duty. Therefore, the court can find you guilty of resisting arrest if you prevent or delay an EMT while they are performing their duties. 

When charged with resisting an arrest, the court requires the prosecution to prove that:

• You willfully delayed, obstructed, or resisted an EMT or a police officer.
• You committed the act at a time when the officer was engaged in their official duties.
• You knew or should have known that the peace officer was engaged in their official duties.

If found guilty of resisting an arrest, you could face a maximum of one year in county jail and a fine not exceeding $1000. The court might choose to put you on summary probation instead of a jail sentence. 

4.  Resisting an Executive Officer 

PC 69 prohibits one from resisting or preventing an executive officer by using threats of violence to prevent the executive officer from performing their official duties. 

Resisting an executive officer is a more serious offense compared to resisting an arrest as it includes the use of threats or violence. The law defines an executive officer as a government official who is allowed to use their discretion in performing their official duties.

Executive officers include judges, government prosecutors, government defense attorneys, police officers, attorneys, and elected officials. 

When charged with the offense, the prosecution must prove that you willfully and unlawfully used force or violence to resist or prevent an executive officer from performing their lawful duty. The prosecution must also prove that you knew that the officer was performing their lawful duties.

Note: during cases of resisting an executive officer, the court does not focus on your ability to carry out the threat. For instance, if you threaten a police officer that you will shoot, the court will not consider the absence of a gun as evidence of no guilt. 

If you did use force or violence during the offense, the court will also not consider whether you caused any injury, as long as the prosecution can prove that the act was done in an offensive/rude, or angry manner. 

Due to the seriousness of the offense, California courts charge resisting an executive officer as a wobbler offense. The misdemeanor charge carries a county jail sentence of one year and a maximum fine of ten thousand dollars. You may be placed on summary probation as an alternative to the jail sentence. 

When resisting an executive officer is charged as a felony, the consequences include a maximum of three years in county jail (or felony probation) and a fine of not more than $10,000. 

If the prosecution can prove that you committed an aggravated felony in resisting the executive officer, you could be deported in addition to other negative immigration consequences. You would also lose your gun rights if convicted of a felony offense. 

5.  Assault on a Peace officer

In addition to battery, California makes it a crime for a person to assault a peace officer engaged in their duty or a medical official providing medical care outside a healthcare facility. 

When charged with assaulting a peace officer, the prosecution must prove that:

• You willingly acted in a way that would result in the use of force against a peace officer.
• A reasonable person under similar circumstances would know that the act could result in the application of force.
• At the time of the offense, you were capable of applying force.
• The victim was a peace officer engaged in their lawful duty.
• You knew or should have known that the person was a peace officer.

Assaulting a peace officer is a misdemeanor that attracts a maximum jail sentence of one year and up to $2000 in fines. 

What to Do When Arrested for Battery on a Peace Officer 

Whether you or a loved one are arrested for battery on a peace officer, knowing the next steps can offer much-needed relief and calm in the situation. Here are some of the steps you should take after your arrest:

1.  Contact a Criminal Defense Lawyer

Whether you are innocent or not, it is always advisable to contact a criminal defense attorney as soon as you are arrested. 

Criminal defense attorneys are familiar with the proceedings within the criminal justice system and can help you fight your charges in the best way possible. 

They also provide a key source of calm that you would not have when dealing with the police or prosecution alone. Contact a defense attorney who has defended people facing assault and battery charges. 

Ask about the case and what you can expect at different stages of your case. IF you cannot afford an attorney, you can request to speak with a public defender. 

2.  Do Not Admit Guilt to the Police Officers

Providing a confession is the easiest way to shoot yourself in the foot when arrested for battery of a peace officer. As part of your Miranda rights, you have the right to remain silent.

Whether or not the officers read your Miranda rights, remain silent and only discuss the circumstances of the offense with your criminal defense attorney. 

3.  Make Arrangements for Bail

You can make arrangements for bail independently or request your attorney or family to help you. Ensure that you work with a reliable bail agent and understand the terms of the bail agreement. 

The court which hears your case will set the bail based on the bail schedule. The court will inform you of the base bail amount and the felony enhancements that could affect the bail amount. 

4.  Appear in Court as Required

Always appear for all your court appearances as required. Failure to appear in court could result in additional charges and a conviction, not to mention the risk of losing the bail you paid to secure your release. 

It could also result in the judge issuing a warrant of arrest unless you can prove that you had a legally acceptable reason for missing the court session. 

Find a Criminal Defense Lawyer Near Me

Peace officers are protected professionals, and committing battery on a police officer can result in a serious offense that could result in a felony conviction. If you are charged with battery on a peace officer or a police officer, you should contact a criminal defense lawyer immediately to get started on your defense. Working with experienced criminal defense lawyers such as Michele Ferroni Pasadena Criminal Attorney Law Firm in Pasadena gives you a great shot at fighting the charges against you. For more information and an individualized analysis of the charges against you, contact us at 626-628-0564.