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San Diego Battery on a Peace Officer Criminal Lawyer

Imagine a police officer saying that you are responsible to touching him or her in a harmful or offensive way. Even though this may be a misrepresentation of the truth or a misunderstanding of what actually happened. Police officers tend to stretch the truth to make a better case against you. Be careful what you say to a police officer at anytime during the encounter and contact an experienced criminal defense attorney immediately. 

 

Battery On a Peace Officer in San Diego

This offense occurs under California Penal Code section 243(b)(c) when there is a willful and unlawful touching of a protected person performing his duties, in a harmful or offensive manner, knowing the person was a protected person in the performance of his duties.

Intentional: 

Intending to perform the motion that caused the battery.

Harmful or Offensive: 

The touching of another person in  a violent, rude, aggressive, angry, or disrespectful manner. 

Touching: 

The slightest contact, touching or use of force. Physical contact can be indirect by causing an object or another person to touch the person. 

Of Another: 

The person’s body, clothing or something attached to their person.

Without Consent: 

The person did not consent to the   touching.

Protected Person: 

EMT’s, Firefighters, Police Officers, and other Public Officials

Defendant Did Not Act In Self-Defense:

The prosecution has to prove beyond a reasonable doubt that the defendant did not act in self-defense.

 

Understanding Penal Code Section 243(b)(c)

In consideration of the seriousness of battery on a peace officer, California has criminalized it under Penal Code section 243(b)(c). Under this law, “when a battery is committed against a protected person 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 protected person engaged in the performance of his or her duties, the battery is punishable by a fine not exceeding two thousand dollars or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.”

Basically, to convict someone of PC 243(b)(c), the prosecutor must prove each of the following elements:

  1. The protected person was performing the official duties of a  protected person;
  2. The defendant knew, or reasonably should have known that the protected person was performing his/her duties;
  3. The defendant willfully and unlawfully touched the protected person;
  4. The touching was harmful or offensive.
  5. The defendant did not act in first defense.

 

Battery On a Peace Officer Can Be Charged As a Misdemeanor or a Felony

In California when an offense of Battery On a Peace Officer is charged as a Misdemeanor and you are found guilty under PC 243(b)(c), you may: 

  • Receive a fine of up to $2,000;
  • Be sentenced up to 1 year in the county jail;
  • Informal probation;
  • Be required to complete a Batterer’s class
  • Be required to do community service

In California when an offense of Battery On a Peace Officer is charged as a Felony and you are found guilty under PC 243(b)(c), you may:

  • Receive a fine up to $10,000; 
  • Be sentenced up to 16 months, 2or 3 years years in state prison;
  • Formal probation
  • Be required to complete a Batterer’s class
  • Be required to do community service
  • Beprohibited from owning, possessing, purchasing or receiving a gun 
  • Receive a strike under California’s Three Strikes law

Aggravating Factors for Battery On a Peace Officer

It is important to note that if you used a firearm to commit the battery on a peace officer, this is considered an aggravating factor that will increase prison sentences up to 4, 6, or 8 years.

 

Not Guilty

Because of the severity of the penalties involved in a battery on a peace officer charge, your criminal defense attorney will have to determine which legal defense theory will work best in your particular situation.

Possible defenses associated with this charge can include:

  • It was an accident, you did not intend to make physical contact with the protected person. 
  • The alleged victimwas off duty when the battery occurred.
  • You were acting in self-defense or were protecting another person.

In order to prove a legal self-defense claim, you must have held a reasonable belief that you or the person you were protecting were in imminent danger of being harmed. This means that you may not have been in fear of a future threat at the time you used force. In order to be justified in using force under self-defense, the force you used must have been proportionate to the threatened force you were fighting off. It is important to note that you have a right to stand your ground and are not required to retreat. If you felt threatened at any time in the interaction with a peace officer and this response was reasonable under the circumstances, contact Monder Law Group. Our firms can provide you with the best fight or flight experts in the field, they will be able to describe the physiological responses that causes your body to involuntarily react when threatened or placed in harms way. This is what it takes to win a self-defense claim!

 

Best Defense

If you find yourself in a situation where you could be charged for a battery on a peace officer, you should make sure to contact criminal defense attorney Vik Monder. He is a San Diego criminal defense attorney and knows how the local law enforcement officers, judges and local prosecutors work, and can use that knowledge to your advantage.

 

Contact San Diego Battery On A Peace Officer Criminal Defense Attorney Vik Monder for a FREE consultation today at: 619-405-0063

Contact San Diego Criminal Attorney Vik Monder for a free consultation today at: 619-405-0063

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You have the right to remain silent and refuse to answer questions. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.