The Primary Defenses To A Battery On A Police Officer Charge – Penal Code Sections 243(b), 243(c)
Facing a charge of battery on a police officer in California can be overwhelming and intimidating. This serious offense carries potential legal consequences that can significantly impact your life. But understanding your rights and the defenses available to you can make a crucial difference. This blog will explore what constitutes battery on a police officer and the primary defenses your criminal defense attorney can utilize.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with our experienced attorneys.
Understanding the Charge
What Constitutes Battery on a Police Officer?
Battery, in general, is defined as the unlawful use of force or violence upon another person. When the alleged victim is a police officer, the charges and consequences become more severe. In California, Penal Code Sections 243(b) and 243(c) specifically address battery on a peace officer, which includes police officers, sheriff deputies, and other law enforcement personnel performing their duties.
Battery on a Police Officer Under California Penal Code
In California, the legal framework governing battery on a police officer is outlined in Penal Code sections 243(b) and 243(c). Under these sections, the law specifies the definitions and penalties associated with this charge.
Penal Code Section 243(b)
Section 243(b) addresses battery on a peace officer, categorizing it as a misdemeanor. This involves the unlawful application of force or violence against an officer who is performing their official duties. The penalties can include imprisonment in a county jail for up to one year, fines, or both.
Penal Code Section 243(c)
Section 243(c) elevates the charge to a felony if the battery involves serious bodily injury or if the accused was aware that the victim was a police officer. This can result in a sentence ranging from 16 months to three years in state prison. Additionally, a felony conviction can come with greater long-term consequences, such as challenges in securing employment or housing due to a permanent criminal record.
Understanding these specific penal codes is crucial for anyone facing such charges, as they outline the severity and potential repercussions of battery against a law enforcement officer in California.
Defenses Against a Battery on a Police Officer Charge
Self-Defense
One of the most common defenses against a battery charge on a police officer is self-defense. If your criminal defense attorney can demonstrate that you reasonably believed you were in imminent danger of bodily harm and used only the force necessary to protect yourself, self-defense may be a viable defense. This defense hinges on showing that the officer’s actions justified your response.
Defense of Others
Similar to self-defense, defense of others involves protecting another person from immediate harm. If you intervened to prevent someone else from being injured by an officer, your criminal defense attorney might be able to use this defense. It is essential to establish that your actions were necessary and proportional to the threat posed by the officer.
Lack of Intent
Battery requires intentional use of force or violence. If your criminal defense attorney can prove that the contact with the officer was accidental or unintentional, you may be able to avoid conviction. Demonstrating lack of intent often involves providing evidence that the incident was a misunderstanding or an unintended consequence of another action.
Excessive Force
Law enforcement officers are expected to use appropriate levels of force in carrying out their duties. If an officer uses excessive force, you may have a defense. This involves showing that the officer’s actions were unreasonable and that you were defending yourself against this excessive use of force.
Seek Legal Counsel Immediately
If you are facing a battery on a police officer charge, it is crucial to seek knowledgeable legal counsel immediately. An experienced criminal defense attorney can evaluate your case, identify potential defenses, and guide you through the legal process. They will work to protect your rights and achieve the best possible outcome for your case.
Contact Wallin & Klarich Today
If you are facing a battery on a police officer charge, you need an aggressive criminal defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between a jail or prison sentence and years of freedom. Let our skilled attorneys examine your case to find the best way to win your case. We have offices in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney.
