You commit the crime of battery if you willfully, unlawfully, and offensively touch another person. The crime attracts a stiff penalty upon conviction. But your penalties will likely increase if you commit this offense against specific people the law protects, like peace officers. A peace officer is any person vested by the state with law enforcement authority. It could be anyone who has been sworn in, has a badge, is armed, and can make an arrest. The law seeks to protect these officers while in the line of duty to ensure they serve the people's interests without fearing for their safety.

Thus, your charges will be severe if you are arrested for battering a peace officer. You could receive lengthy prison or jail time and a hefty fine for the offense. But you can fight your charges in court to avoid a conviction or for the court to reduce them. You can do that with the help of a skilled criminal lawyer. At California Criminal Lawyer Group, we have lengthy experience handling battery cases. We could have the competency you need to achieve the best outcome for your situation. Thus, you can count on our guidance and support if you face charges for battering a peace officer in Fresno.

The Legal Definition of Battery on a Peace Officer

The law against battering a peace officer is under PC 243(c)(2). You violate this statute when you unlawfully and willingly touch a peace officer rudely or offensively. The peace officer must be working when you do so to face charges under this law. A conviction for battering a peace officer can result in misdemeanor or felony charges, depending on the details of your case. A felony conviction can result in a three-year prison sentence and other life-changing consequences. That is why you must prepare well for trial once the police arrest you for battering a peace officer. Start by hiring an experienced criminal lawyer for advice, guidance, and legal representation.

You can violate this law in many ways, including the following:

  • Kicking or slapping a police officer to avoid being arrested.
  • Throwing a rock at police officers during a demonstration.
  • Physically attacking a prosecutor in the course of a court trial.

However, the prosecutor must prove all of this offense’s elements beyond a reasonable doubt for the judge to deliver a guilty verdict in your case. These elements are:

  • That you committed a battery offense.
  • The victim of your crime was a peace officer.
  • The officer was performing their official duties at the time.
  • Your actions were willful and unlawful.
  • You know or should have reasonably known that the victim was an on-duty peace officer.

Let us look at some of these elements in greater detail to understand this law even better:

The Crime of Battery

The prosecutor must first demonstrate that you committed the crime of battery. According to PC 242, you commit battery if you willfully touch another person in an offensive or harmful manner.

Touching another person means that you have made physical contact with them. It does not necessarily mean that you physically hurt them. Even a slight touch can result in criminal charges if you do it unlawfully and offensively. For example, pouring water or coffee on someone can be considered battery even though it does not result in physical harm because it involves establishing offensive contact with the other person.

In some cases, battery can occur without physical contact between you and the alleged victim. For example, touching the victim through their clothing or anything they carry. The touch can also be indirect or through an object, like throwing an empty bottle at a person during an argument.

In other cases, prosecutors have successfully demonstrated battery when someone establishes an offensive touch on something intimately connected to the alleged victim. It does not necessarily have to be the victim’s body part. For example, angrily knocking something out of someone’s hand or kicking the chair they are sitting on.

You must also act willfully to be guilty of battery. The offensive touch must be deliberate and not accidental. A willful act means that you acted purposefully. However, it does not have to mean that you intend to violate the law, hurt the victim or someone else, or gain an advantage over the victim. The prosecutor must demonstrate that, even though your actions were intentional, you did not intend to commit a crime.

The touch must be offensive or rude. It means your actions against the alleged victim were rude, violent, disrespectful, or angry.

Note: An offensive touch can sometimes be legal if the alleged victim consents. For example, people who participate in boxing matches cannot file battery charges against their opponents.

Battery differs from assault, even though the two are sometimes used interchangeably. Under the law, battery, and assault are criminalized under separate statutes. Each has its unique legal definition. Under PC 240, assault occurs when you initiate an action that could cause physical harm or result in an unwanted touch against another person. On the other hand, a battery is the infliction of physical force and violence on another person. When you assault a person, you do not necessarily have to establish physical contact with them, but battery requires physical contact. In other words, assault is attempted battery, and battery is a complete assault.

A Peace Officer

Once the prosecutor demonstrates that you committed an act of battery against another person, they must proceed to prove that the other person was a peace officer. That will be the only way the court can find you guilty under PC 243(c)(2).

A peace officer is any person whose duties entail enforcing law and order. Here are some of the people considered peace officers under the law:

  • Law enforcement officers.
  • Police officers.
  • Sheriffs.
  • Attorney generals.
  • Prosecutors.
  • Highway patrol officers.
  • Transit police.
  • Port and Harbor police.
  • Special agents under the Department of Justice.
  • Campus police.
  • A police officer who is working as a part-time or casual security officer, as long as their duty includes discharging the duties of a peace officer.

The law also criminalizes battery on other public officials and professionals, not under law enforcement but whose duties are similar to those of peace officers. These officials and professionals include the following:

  • Custodial officers.
  • Firefighters.
  • Custody assistants.
  • Lifeguards.
  • EMTs and paramedics.
  • Process servers.
  • Traffic officers.
  • Animal control officers.
  • State and rescue members.
  • Code enforcement officers.
  • Employees under the probation department.
  • Medical professionals offering emergency care.

The peace officer must be in the line of duty when you commit the offense for the judge to give you a guilty verdict. In that case, you must know that the officer is on duty or should have known. For example, a police officer on duty will be in their distinctive uniform. In that case, you cannot cite a lack of this knowledge as a defense against your charges. If you commit a battery against a peace officer while they are out of duty, you will not face charges under this law but will still face battery charges.

Proving knowledge can be tricky for the prosecutor, especially if there is no evidence that you knew the alleged victim or the nature of their job. But the prosecutor relies on the following details to demonstrate that you should have reasonably known that the victim was a peace officer in the line of duty:

  • The officer was in their distinct uniform.
  • The officer clearly stated their job status to you.
  • If the officer was in a vehicle, the vehicle was identifiable, for example, a police car.
  • The officer was in uniform and in the company of other officers.

Example: Sam, a police officer, is well-known by the locals. Recently, he had a nasty physical altercation with Trev, a local bar owner. Trev reached out to Sam the following morning to apologize, but Sam had already filed charges against him for battering a peace officer.

In his defense, Trev told the jury they were having drinks in his bar when the alleged offense happened. If it is true that Sam was off-duty at the time, Trev will not be guilty under PC 243c3. But he could be guilty of battery under PC 242. However, if Sam demonstrates that he was discharging his duty as a law enforcement officer at the time, Trev will be guilty of assaulting a peace officer. The prosecutor can prove this case since Sam is a well-known police officer, even to Trev, and was most likely in uniform.

Possible Penalties for Battering a Peace Officer

Battery is generally a misdemeanor offense. But committing the crime against a peace officer is a wobbler offense, which means the prosecutor can file misdemeanor or felony charges against you. The prosecutor’s decision is based on your criminal record and the circumstances of your case.

If the district attorney files misdemeanor charges against you and the court delivers a guilty verdict, you will likely receive the following penalties:

  • Misdemeanor probation.
  • One year in jail.
  • A court fine of not more than $10,000.

The judge can send you on probation instead of serving a jail sentence. It means that you will serve your entire sentence without incarceration. But you will be on probation longer than you could be in jail since misdemeanor probation lasts between one and three years. How long the judge will order you to be on probation will depend on the details of your case.

While on misdemeanor probation, you will be under the direct supervision of the court. The judge will require you to submit periodic progress reports to the court. These reports help the judge determine how well, or otherwise, you perform on probation. The judge will also give you a list of probation conditions to adhere to throughout the period. Examples of these conditions are:

  • Not to violate any law or be arrested for any offense while on probation.
  • Under drug treatment or counseling if the judge concludes that you have an underlying condition that prompted you to commit the battery offense against a peace officer.
  • To undergo anger management training.
  • To participate in a batterers program.
  • Do community service.

You must not violate your probation to avoid further criminal charges and possible revocation. If the judge finds out that you have violated probation, they will hold a probation violation hearing to discuss the circumstances and consequences of the violation. From that hearing, the judge can take any of the following actions:

  • Allow you to continue with the probation but with a stern warning against another violation.
  • Allow you to continue with probation but set fresh and stricter probation conditions.
  • Cancel your probation and send you to jail for the period required for battery of a peace officer.

PC 243(c)(2) as a Felony Offense

In specific circumstances, the prosecutor can file felony charges under this statute. For example, if you commit a battery on an on-duty peace officer and the officer sustains a bodily injury. In that case, your charges will be more steep and could include the following:

  • Felony probation.
  • Three years in prison.
  • A court fine of up to $10,000.

If the judge sentences you to felony probation, they could order you to serve some of your sentence in jail before starting your probation. Felony probation can last for up to five years. You will receive probation conditions (similar to those listed under misdemeanor probation), which you must abide by throughout your probation. You must not violate any requirement to avoid being sent to prison for the recommended period of three years.

In some cases, the judge can enhance your sentence. For example, if the alleged victim sustains a significant bodily injury. As used under this statute, great bodily injury refers to any physical injury requiring medical treatment. You will still receive an additional penalty even if the officer does not seek medical attention for the injury. What matters is the extent of the injury the victim sustains. The additional penalty can include up to six years in prison. Here are other aggravating factors that could result in an enhanced sentence for battering a peace officer:

  • If you commit the offense in connection with a criminal street gang.
  • If you committed the crime using a deadly weapon, like a firearm.

Other Consequences of a Conviction for battering a Peace Officer

Every criminal conviction will leave you with a criminal record that could impact your life in many ways. A criminal record remains even after serving your sentence. Since criminal records are publicly available, anyone conducting a background check on you, like a potential landlord or employer, will learn about your past criminal life. Potential employers and landlords can decide based on what they find in your record. That could result in many missed opportunities, even when you have the requirements.

A felony conviction for battering a peace officer will impact your gun rights. If you like to keep a gun for safety or recreational purposes like hunting, you will not be able to do so for several years or life.

If your actions cause a peace officer to sustain a significant bodily injury, it could be a strike under the Three Strikes Law. This particular conviction will determine your sentence for any subsequent strike convictions. If you already have a strike conviction on your record, a second one will attract double the penalties provided under the law. If you already have two strike convictions, the judge will sentence you to 20 years to life in prison for the third strike.

Defending Yourself Against Charges under PC 243(c)(2)

If the DA demonstrates all the elements of the offense, the judge will deliver a guilty verdict. But you can fight your charges during the trial with the help of a skilled criminal lawyer. Doing so could avoid a conviction or compel the judge to reduce your charges. Fortunately, criminal attorneys have a long list of legal defense strategies they can use to fight charges like these. Here are some of the best strategies your attorney can use in your case for a favorable outcome:

You Were Defending Yourself or Another Person

You can use reasonable force against another person to protect yourself or another person. But you must convince the jury that you or another person was in danger then. Self-defense is allowed as a legal defense strategy in assault and battery cases. But the following must be valid for the jury to accept your defense:

  • You reasonably believed that you or another person were in danger of physical harm.
  • You believed using reasonable force was necessary to protect yourself or that other person against the alleged victim.
  • You did not use more force than necessary to protect yourself or others.

Note: If the district attorney proves that you used more force than necessary against the officer to protect yourself or the other person, the judge will not accept your defense. However, an aggressive criminal lawyer can counter the prosecutor’s evidence to demonstrate that you only used reasonable force under the circumstances. If the court accepts your defense, the judge will dismiss your charges.

You Did Not Act Willfully

You are guilty of battery if you willfully and unlawfully touch another person rudely or offensively. The court will not deliver a guilty verdict if your actions are not willful.

While it is challenging to demonstrate a person’s willful actions, the prosecutor relies on the circumstances of the case to establish whether their actions were intentional or accidental. For example, if your actions followed a heated argument with a peace officer, they are most likely willful. But your actions could be unexpected if you were only in a rush and had no prior history with the said officer.

For example, if you accidentally pushed an officer while rushing into a building where you believed your loved one was in danger, your attorney could compel the judge to dismiss your charges.

The Peace Officer Was Not On Duty

While battery is a severe crime, you are not guilty under PC 243(c)(2), which is more serious if the alleged victim was off-duty. The law against battering a peace officer applies just when the officer is on duty. You should know when a peace officer is on duty if they are in uniform, are in the station where they discharge their duty, or declare that they are on duty. For example, you will be guilty under this statute if a plain-clothes police officer identifies themselves and produces an ID or badge. But if you strongly believe that the officer was off duty at the time, you can use this defense to compel the judge to reduce your charges.

For example, if an officer was walking down the street during their off day from work or in a local bar enjoying drinks with their friends. Committing battery against such an officer will not result in charges under this law. But you can face battery charges under PC 242.

Police Misconduct

If the DA has compelling evidence against you, a skilled criminal lawyer can use other defense strategies, like police misconduct, to compel the judge to dismiss your charges. For example, they can fault how the police conducted your arrest and case investigation. If the arresting officer violated your rights, the court will not admit the evidence the officer gathered after that violation. That could leave the prosecutor with insufficient evidence to prove your case beyond a reasonable doubt.

It is necessary to share every detail of your arrest with your attorney. An aggressive attorney will use police misconduct to fight their client’s case. If the officer failed to read your Miranda rights and proceeded to question you, any self-incriminating evidence the officer gathered is inadmissible in court.

Find a Competent Criminal Attorney Near Me

If you face criminal charges for battering a peace officer in Fresno, it helps to understand your charges' legal meaning and implications. It also helps to know your options to prepare well for the trial. A skilled criminal attorney can help you with that and more. Our goal at California Criminal Lawyer Group is to fight for the most favorable outcome for every case we handle. We will use our skills and experience to streamline your legal process. We will also use the best legal defense strategies to ensure you receive a fair ruling in your case. Call us at 559-712-8377 to learn more about your charges and our services.