24 Aug 23
The offense of battery against a peace officer or police officer is a serious accusation in California, attracting misdemeanor or felony charges. It involves touching a peace officer or police officer offensively, resulting in a violation of their space. Upon facing arrest and detention, the prosecutor will inform you of the charges to help you prepare for the upcoming defense. Handling a criminal case requires being fully prepared, so you should consider working with an experienced criminal defense attorney.
The Nature of the Battery on a Peace or Police Office Offense
Committing battery on a peace officer is prohibited under Sections 243(b) and 243(c) of the California Penal Code. You risk facing arrest for the crime if you willfully touch a peace officer or police officer in a way that causes offense or harm to them.
Since battery is an offense by itself, the arresting officers can include a report on your actions to commit battery on the peace officer in question. For example, your case may involve hitting, slapping, or pushing the officer, among many other actions amounting to battery.
After you face arrest, the prosecutor may file a misdemeanor or felony charge against you, depending on the circumstances. For example, repeat offenders are more likely to face felony penalties if found guilty, resulting in harsher case outcomes. Despite this, many cases proceed to trial under misdemeanor charges, so you need to consult your defense attorney on the likely case trajectory for you.
Elements of Crime for the Prosecutor to Prove
Since your case falls within the criminal category, the prosecutor is responsible for preparing a lawsuit against you. The law imposes the burden of proof on the prosecution team because they represent the alleging party. As a result, the prosecutor must prove that you are guilty beyond a reasonable doubt and subsequently qualify for the assigned penalties.
During the case presentation, the prosecutor must have sufficient evidence of the accusations they raise to help them persuade the court of your guilt. Additionally, you must remain keen throughout their case presentation to pick up on any contradictory evidence in your case. In doing so, you and your defense attorney are better equipped to flag the discrepancies, allowing you to challenge the prosecutor’s case. The main elements of a crime that the prosecutor must prove are:
- You Attacked a peace Officer or Any Other Person Protected Under Duty
The prosecutor must begin their case by identifying the victim, particularly in their role as a peace officer or police officer. The law also protects any other person performing their duties in line with providing emergency, medical, and peacekeeping services.
Showing that the person in question was a police officer is straightforward for the prosecutor, as they only need to provide the person’s registration details. The prosecution team can also present the person’s badge, working records, and attestation attesting to their position in their department.
Similarly, the prosecutor can establish that the person in question was a peace officer by providing their qualifications and assignment to the roles. For example, they may partner with the alleged victim to provide documents establishing their position as a peace officer or obtain a formal letter from the officer’s department.
If your case involves battery on a protected person other than a peace officer or police officer, the prosecutor should elaborate on their specific role to strengthen their case. Your defense attorney will inform you of all the possible parties who may fall within this category in preparation for your defense. They include:
- Persons Working in the Probation Department
If you attack a probation officer or any other person in the probation department, you will face the same charge as attacking a peace or police officer. The justification for this is that they both promote justice and compliance with the law. Therefore, any attack on them violates their protection in the roles they serve.
The prosecutor can show that the alleged victim was an employee in the California probation department by obtaining their employment letter, a certification from their superior, and a spreadsheet indicating their daily roles. Additionally, the victim’s testimony is important evidence in your case, so you can expect them to testify in court.
- Paramedics and Emergency Medical Technicians
Additionally, EMTs or paramedics also fall within the protected category of people because of the nature of their services. As medical emergency service providers, their safety should always come first as they undertake their duties. Committing battery against them is a serious violation of the penal code provisions, warranting a criminal case against you.
- Officers Working in Custodial Roles
When you attack an officer maintaining custody in a police station or jail, you face charges under Section 243. The custodial officer’s role is to ensure that all detained persons remain in custody until their release on bail/bond or after their jail sentence.
You may have committed battery against the officer to try and escape the detention center, warranting more scrutiny and possible charges. If the investigating officers determine that you engaged in additional criminal offenses on top of attacking the officer, your case may involve different counts of charges. For example, escaping from police custody after committing battery is unlawful, leading to other legal implications.
- Officers Working in the California Highway Patrol
Traffic and highway patrol officers work towards promoting security and compliance with the law on the road, making them equivalent to peace officers and police officers in this context. Battery against them may involve physical touch using your vehicle as you try to intimidate them and escape the police highway stop. Although your actions may not cause serious injury to them, you are still liable for the offense if you did it to offend or harm them.
- Firefighters and Lifeguards
While lifeguards and firefighters work in the emergency response department, they have protected persons, and any battery on them is a criminal offense. While you may have justifications for attacking the person in question, the prosecutor can argue that your actions exposed the parties to harm, warranting your arrest. You will nevertheless have a chance to raise your defenses after the prosecutor rests their case.
- You Wilfully Touched the Victim Intending to Harm or Offend Them
Having established that the victim in question is an officer or a protected person in their duties, the prosecution team should show that your actions were willful. A wilful and intentional act is one that you commit on purpose and are fully aware of the effects you may cause.
Since the prosecutor must demonstrate your mental position to show that you acted purposefully, they often rely on circumstantial evidence. For example, if they can show that you crept up on the officer before battering them, they will have demonstrated that your actions were intentional.
The prosecution team can also demonstrate a willful and intentional act through the events that followed your attack. If you did not show remorse for your actions, it displays your intent to commit them, establishing the prosecutor’s position.
When showing that you touched the victim, the prosecutor must demonstrate that you came into physical contact with them. Doing so is critical for the prosecutor’s case because it distinguishes your actions from assault. An assault case involves similar elements to battery, except that the offender does not come into direct or indirect contact with the targeted victim.
The law allows the prosecutor to establish their case even if you only touched the victim slightly, as long as there was physical contact. Indirect contact with the victim is also a valid reason for the prosecutor to establish your case, and your defense attorney will note this technicality when preparing your defense. Indirect contact may come from throwing an object at the victim to harm or offend them instead of using your body to attack.
Although the minimum requirement is physical touch, the prosecutor should further establish your intention by showing that you acted rudely or angrily. Without this distinction, you can argue that the contact was innocent and that you did not intend any harm to the victim.
You, therefore, need to remain alert during the trial proceedings to determine whether the prosecutor mentions these important details. You can, however, worry less about grasping all the prosecutor’s argument points by working closely with your defense attorney.
- You Ought to Have Known the Victim’s Role as a Peace or Police Officer During Your Attack
The prosecutor will close their case by establishing that you should have reasonably known about your victim’s identity when you committed battery on them. Your knowledge of their role as an officer or a protected person performing their functions is important because it further shows your intention to break the law.
Identifying a peace officer should be fairly straightforward, especially because they wear uniforms to distinguish themselves from civilians. Similarly, emergency service providers have uniforms to show their roles, making it important for the general public to respect their presence.
The prosecutor’s evidence should demonstrate that the victim wore their uniform, meaning you should have known their identity and refrained from the attack. They may use photographs, surveillance footage, and witness testimonies to show that the person’s identity was identifiable.
Even if the protected person, peace officer, or police officer did not have their uniform on, they should have identified themselves to stop you from committing battery. For example, a police officer in civilian clothing can present their badge for verification. Other protected individuals may identify themselves with any confirmation, making you aware of their role.
The prosecutor’s goal in court is to show that you still proceeded with the battery even after learning of the victim’s identity. Their role as officers distinguishes the offense from a typical battery case involving any other civilian member, justifying the current proceedings.
Defenses for Committing Battery on a Peace or Police Officer
After the prosecutor rests their case, your criminal defense attorney can proceed with your defense case. The primary goal of raising defenses is to cast reasonable doubt on the prosecutor’s case and to justify your actions where relevant.
Although you may explore various defense arguments to persuade the court to acquit or reduce your sentence, not all are applicable. Based on this, you must carefully assess your case facts and circumstances to ensure your defenses strongly support your position. With an experienced defense attorney’s help, you can expect to present persuasive and justifiable counterarguments. They include:
You Committed Battery in Self-Defense
Relying on self-defense as a counter-argument for the defendant’s case can effectively persuade the judge to find you ‘not guilty.’ However, the defense requires that you meet a specific threshold that the law imposes on all people who commit violence to protect themselves.
Although you intend to avert harm when acting in self-defense, you must ensure that you are reasonably at risk of injury from the perpetrator. Based on this, you must genuinely fear for your safety, pushing you to retaliate to protect yourself.
Additionally, you must have considered an escape plan to avert the danger you believed in before resorting to violence. The law introduces this requirement to reduce the likelihood of violence, often putting both parties at risk of serious injuries. When presenting the defense, the judge wants to see the attempts to escape before committing battery.
The last threshold to meet is that you must have used violence proportional to the harm you faced. If the peace officer or police officer used physical force against you, you should not retaliate by using a weapon or other harmful objects to cause harm. If your defense meets all the requirements, you have a good chance of avoiding punishment.
The Victim was Not An Officer on Duty
Alternatively, you may argue that the victim is not a peace officer or police officer on duty, meaning that the charges you face are invalid. You can establish this position by showing that they were dismissed from their role or on sabbatical when the alleged offense occurred.
With your criminal defense attorney’s help, you can obtain all relevant documents to support this position. They will also help you ascertain that the officer’s contract or role was not a factor to consider by calling on witnesses and presenting the relevant documents in court during proceedings.
You Did Not Intend to Cause Harm
While you may have physically touched the peace officer or police officer, you can also argue that you did not do it intentionally to harm or offend them. You can justify your action by showing that the events were accidental. For example, if you tripped and accidentally pushed the officer, you can present evidence that you did not foresee the actions and did not mean to cause harm.
Penalties for Committing Battery On a Peace Officer or Police Officer
If the prosecutor’s case is stronger than the defenses you present, the judge finds you guilty of the offense. You will thus learn of the penalties you face during the sentencing hearing following your defense hearing.
Many battery cases against peace or police officers attract misdemeanor charges, resulting in penalties. If so, you will face a jail sentence of up to one year or a fine payment order of up to $2000.
Felony charges apply if your offense resulted in physically harming the victim, especially if you used excessive force to commit the battery. The prosecutor will also check your criminal history to determine whether you have previously faced a similar charge. If you are a repeat offender, you are also likely to face felony charges and penalties. They include a jail sentence of up to three years, a fine of up to $10,000, or both.
The presiding judge exercises discretion when issuing the penalties, and they may adjust them to give the minimum, moderate, or maximum sentence. To do this, they rely on your case facts to assess the circumstances and any aggravating or mitigating elements.
Contact a Van Nuys Criminal Defense Attorney Near Me
Facing criminal charges for battering a peace officer or police officer is a criminal offense prohibited under the Penal Code. Violating the restrictions can therefore attract serious penalties, including jail sentences if the prosecutor successfully proves your case. You can counter their accusations against you by working with an experienced criminal defense attorney with experience defending similar claims. Thanks to their help, you can look forward to better chances of a favorable case outcome, including avoiding a jail sentence.
At Leah Legal, we offer high-quality criminal defense services tailored to your case’s needs. Our team has worked with hundreds of parties facing charges for committing battery on a peace officer over the years, giving them the skills and experience they need. We are also ready to represent you in court during hearings to ensure the judge and jury understand your position. We aim to provide all relevant evidence to aid your case effectively and persuade the judge to issue a positive outcome. If you or a loved one is facing battery on a peace officer or police officer in Van Nuys, California, call us today at 818-484-1100.
