Penal Code § 243b & 243c PC - Battery on a Peace Officer
Table of contents
Click To travel To Chapters
1. What is Penal Code § 243b & 243c PC?
Penal Code § 243b & 243c PC Law Reads As Followed:
Penal Code § 243(b) PC:
“When a battery is committed against the person of a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of their duties, whether or not the defendant knows or reasonably should know that the victim is one of these persons, the offense is punishable by imprisonment in a county jail for up to one year and/or a fine of up to $2,000.”
Penal Code § 243(c) PC:
“When a battery is committed against the person of a peace officer, custodial officer, firefighter, emergency medical technician, or paramedic while the officer is engaged in the performance of their duties, and the battery causes injury requiring medical treatment, the offense may be charged as either a misdemeanor or a felony. A felony conviction is punishable by imprisonment for 16 months, 2 years, or 3 years in county jail and/or a fine of up to $10,000.”
2. What are Examples of Penal Code § 243b & 243c PC?
Penal Code § 243(b) and § 243(c) PC in California deal with battery against peace officers and other protected public officials, such as police officers, firefighters, emergency medical technicians (EMTs), paramedics, custodial officers, and other public servants. To be convicted under these laws, the battery must occur while the officer or official is performing their duties, and the defendant must have acted willfully and unlawfully.
Here are some examples of actions that could result in charges under Penal Code § 243(b) and § 243(c) PC:
1. Pushing a Police Officer During an Arrest
Example: During an arrest, the suspect pushes the police officer attempting to handcuff them, causing the officer to stumble. The officer is engaged in the performance of their duties, and the defendant’s actions are willful and offensive.
Potential Charge: The defendant can be charged under Penal Code § 243(b) for battery on a peace officer, as the push was an unlawful physical act committed while the officer was performing their duty.
2. Throwing an Object at a Police Officer During a Protest
Example: At a protest, a participant throws a bottle at a police officer, hitting them in the arm. The officer was monitoring the protest to maintain order, and the thrown object was intentionally directed at the officer.
Potential Charge: Since the officer was performing their duties during the protest, the defendant can be charged with battery on a peace officer under Penal Code § 243(b). If the officer requires medical treatment for an injury, the charge could be elevated to Penal Code § 243(c), depending on the severity of the injury.
3. Striking a Firefighter Responding to a Fire
Example: A firefighter is responding to a fire at a residential building. A bystander becomes upset about the firefighter’s actions and punches them in the face while the firefighter is performing their duties.
Potential Charge: The defendant could face charges under Penal Code § 243(b) for battery on a firefighter. If the punch results in an injury that requires medical attention, the defendant could be charged under Penal Code § 243(c), which would increase the severity of the charge.
4. Resisting an EMT Providing Medical Assistance
Example: An EMT is providing medical assistance to a person injured in a car accident. The injured person, confused and angry, pushes the EMT away aggressively, causing the EMT to fall and sustain minor injuries.
Potential Charge: The individual could be charged under Penal Code § 243(b) for battery on an EMT because the EMT was performing their duties. If the EMT requires medical treatment for the injuries sustained, the charge could be elevated to Penal Code § 243(c).
5. Kicking a Custodial Officer During a Jail Transfer
Example: An inmate is being transferred between cells in a county jail. The inmate resists the transfer and kicks the custodial officer who is guiding them. The officer does not sustain any serious injury, but the act of kicking was willful and occurred while the officer was performing their job.
Potential Charge: The inmate can be charged under Penal Code § 243(b) for battery on a custodial officer. Even though no injury occurred, the unlawful physical contact qualifies as battery on a protected official.
6. Pushing a Paramedic During Medical Treatment
Example: A paramedic is treating a patient at the scene of a medical emergency. The patient’s relative, in a state of panic, pushes the paramedic away, preventing them from administering treatment. The paramedic was clearly engaged in their duties, and the push was an intentional act of interference.
Potential Charge: The relative could be charged with battery under Penal Code § 243(b) for interfering with a paramedic. If the paramedic is injured in the altercation and requires medical treatment, the charge could be upgraded to Penal Code § 243(c).
7. Slapping a Process Server
Example: A process server is attempting to deliver legal papers to an individual. The individual becomes angry and slaps the process server across the face. Although the process server is not a police officer, they are still considered a protected individual under Penal Code § 243(b) while performing their official duties.
Potential Charge: The individual could be charged with battery on a protected individual under Penal Code § 243(b), as the process server was engaged in their duties and the slap was a willful act of battery.
8. Throwing a Hard Object at a Traffic Officer
Example: A traffic officer is issuing a parking ticket to a driver. Upset about the ticket, the driver throws a heavy object at the traffic officer, hitting them in the back and causing minor injury. The officer was performing their official duties at the time of the incident.
Potential Charge: The driver can be charged with battery on a public official under Penal Code § 243(b). If the object caused an injury requiring medical treatment, the charge could be escalated to Penal Code § 243(c).
9. Pushing a Lifeguard During a Rescue
Example: A lifeguard is attempting to rescue a swimmer who is struggling in the water. The swimmer’s friend, panicked and upset, pushes the lifeguard away, preventing them from performing the rescue.
Potential Charge: The swimmer’s friend could face charges under Penal Code § 243(b) for battery on a lifeguard. Since the lifeguard was performing their duties at the time of the incident, this act would be considered battery on a protected official.
3. What are the Common Defenses Against Penal Code § 243b & 243c PC?
Penal Code § 243(b) and § 243(c) PC address the crime of battery on a peace officer or other protected public officials, such as police officers, firefighters, custodial officers, emergency medical technicians (EMTs), and paramedics. Battery involves willfully and unlawfully using force or violence against a person. To secure a conviction under these laws, the prosecution must prove that the defendant knew the victim was a peace officer or protected official performing their duties and that the defendant acted willfully.
If you are facing charges under Penal Code § 243(b) or § 243(c) PC, there are several common defenses that can be raised depending on the circumstances of your case. These defenses may help to reduce or dismiss the charges against you.
1. Self-Defense or Defense of Others
One of the most effective defenses in battery cases is the argument of self-defense or defense of others. California law allows individuals to use reasonable force to protect themselves or others from immediate harm. If you believed that you or someone else was in imminent danger of physical harm or unlawful touching, and you used only the necessary force to protect against that danger, you may be able to claim self-defense.
Example: A police officer is restraining you with what you believe to be excessive force, and in response, you push the officer away to protect yourself from harm. If the force you used was proportional to the threat posed, this defense may apply.
To successfully assert this defense, you must demonstrate the following:
You reasonably believed that you or someone else was in imminent danger of being unlawfully touched or harmed.
You used no more force than was reasonably necessary to protect yourself or others.
2. Lack of Willful Intent (Accident)
For a conviction under Penal Code § 243(b) or § 243(c), the prosecution must prove that the defendant willfully made physical contact with the peace officer or public official. If the contact was accidental and not intentional, this can be a valid defense.
Example: You are moving through a crowded area, and while trying to avoid someone, you accidentally bump into a police officer. In this case, the contact was not intentional, and you may be able to argue that it was an accident rather than a willful act of battery.
The key to this defense is showing that the physical contact occurred unintentionally, which would negate the element of willfulness required for a battery conviction.
3. The Officer Was Not Performing Their Official Duties
To be charged under Penal Code § 243(b) or § 243(c) PC, the peace officer or protected official must have been engaged in the performance of their official duties at the time of the alleged battery. If the officer was not acting within the scope of their lawful duties, the charge may not apply.
Example: A police officer confronts you off-duty at a social event and behaves aggressively, leading to a physical altercation. Since the officer was not performing their official duties, the charge of battery on a peace officer under Penal Code § 243(b) or § 243(c) may not be applicable.
This defense can be raised if the officer was not lawfully engaged in their duties or was acting outside the scope of their role during the incident.
4. Lack of Knowledge
To be convicted of battery on a peace officer or public official, the defendant must have known or reasonably should have known that the person they allegedly battered was an officer or protected individual. If the defendant did not know—and could not reasonably have been expected to know—that the victim was an officer, this could be a valid defense.
Example: An individual is approached by someone in plain clothes who does not identify themselves as a police officer. Believing they are being confronted by a civilian, the defendant pushes the individual away. Later, it is revealed that the person was an undercover officer. In this case, the defendant may argue that they did not know the person was a peace officer performing their duties.
If you can show that you had no reason to believe the individual was a peace officer or protected official, the charges may be reduced or dismissed.
5. False Accusation
In some cases, defendants are falsely accused of battery on a peace officer or protected official. False accusations can occur due to misunderstandings, revenge, or a desire to cover up misconduct by the officer or another party. In these situations, it is crucial to challenge the credibility of the accuser and present evidence to show that the battery did not occur as alleged.
Example: During an altercation, an officer accuses you of striking them, but security footage from the scene shows that no physical contact occurred. In this case, you can use the video evidence to argue that the accusation is false.
A skilled criminal defense attorney can help gather evidence, such as witness testimony or surveillance footage, to refute false accusations.
6. Excessive Force by the Officer
If the peace officer or protected official used excessive force against you, and you responded with reasonable force to protect yourself, this could serve as a defense. Peace officers must follow the law and use only the amount of force necessary to perform their duties. If the officer acted outside the boundaries of acceptable force, your actions in response may be justified.
Example: A police officer uses excessive physical force to subdue you during an arrest, and you push the officer away to protect yourself from injury. In this case, you may be able to argue that you acted in response to excessive force, making your use of force reasonable under the circumstances.
This defense is particularly effective if the officer’s actions were clearly beyond what was necessary for the situation.
7. Insufficient Evidence
The burden of proof lies with the prosecution to prove beyond a reasonable doubt that the defendant committed battery on a peace officer or protected official. If the evidence against you is weak or unreliable, your attorney can argue that there is insufficient evidence to convict you.
Example: The only evidence against you is the testimony of the officer, and there are no other witnesses or physical evidence to support the accusation. Your attorney may be able to argue that the prosecution has not met its burden of proof, which could result in a dismissal of the charges.
our clients say it best
Client Testimonials
4. What are The Penalties for Violating Penal Code § 243b & 243c PC?
Penal Code § 243(b) and § 243(c) PC in California cover the crime of battery on a peace officer or other protected public officials, such as police officers, firefighters, custodial officers, emergency medical technicians (EMTs), paramedics, and other law enforcement personnel. Battery involves the unlawful use of force or violence against another person, and when it is committed against a peace officer or another protected official while they are performing their duties, the penalties are more severe.
The penalties for violating Penal Code § 243(b) and § 243(c) depend on the specific circumstances of the case, including whether the officer or protected individual sustained an injury. Below is a breakdown of the penalties based on the severity of the battery.
1. Penalties Under Penal Code § 243(b) PC (Battery Without Injury)
If the battery does not result in an injury requiring medical treatment, the offense is typically charged as a misdemeanor under Penal Code § 243(b) PC. Even without injury, the fact that the battery was committed against a peace officer or other protected official makes the penalties more serious than for a simple battery under Penal Code § 242 PC.
Misdemeanor Penalties for Penal Code § 243(b) PC:
Up to 1 year in county jail.
Fines up to $2,000.
Misdemeanor probation (also known as summary or informal probation).
In some cases, the court may impose additional penalties, such as community service or participation in an anger management program, depending on the circumstances of the battery.
2. Penalties Under Penal Code § 243(c) PC (Battery With Injury Requiring Medical Treatment)
If the battery results in an injury that requires medical treatment for the peace officer or protected individual, the offense is considered more severe and may be charged as either a misdemeanor or a felony. This type of offense is referred to as a wobbler, meaning the prosecutor has the discretion to charge the crime as either a misdemeanor or a felony, depending on the severity of the injury and the defendant’s criminal history.
Misdemeanor Penalties for Penal Code § 243(c) PC:
Up to 1 year in county jail.
Fines up to $2,000.
Misdemeanor probation.
Felony Penalties for Penal Code § 243(c) PC:
16 months, 2 years, or 3 years in county jail.
Fines up to $10,000.
Felony probation (also known as formal probation), which includes regular reporting to a probation officer and compliance with specific terms set by the court.
The penalties for a felony conviction are significantly more severe, with longer jail sentences and higher fines. In addition to these penalties, a felony conviction can have long-lasting consequences, such as the loss of gun rights and difficulties securing employment or housing.
3. Factors That Influence Sentencing
Several factors can influence how the court sentences a defendant for violating Penal Code § 243(b) or § 243(c) PC:
Severity of the Injury: If the battery caused a serious injury to the peace officer or public official, the penalties are likely to be more severe. The greater the harm caused, the more likely the prosecutor is to pursue felony charges.
Prior Criminal History: A defendant with a prior criminal record, especially for violent offenses, may face harsher penalties, including felony charges and longer jail sentences.
Intent and Circumstances: The defendant’s intent and the circumstances surrounding the battery will also play a role in determining the penalties. If the battery was committed in the heat of the moment, the court may be more lenient than if it was premeditated.
Type of Officer or Official: The penalties may be influenced by the type of public official who was battered. For example, assaulting a police officer or EMT while they are performing their duties may result in harsher penalties than assaulting a process server or traffic officer.
4. Collateral Consequences of a Felony Conviction
A felony conviction for violating Penal Code § 243(c) PC comes with several collateral consequences that extend beyond the immediate penalties of jail time and fines. These include:
Loss of Gun Rights: Under California law, individuals convicted of a felony lose their right to own, possess, or purchase firearms. This restriction is permanent unless the felony conviction is later reduced or expunged, or gun rights are restored through legal action.
Difficulty in Securing Employment and Housing: A felony conviction can make it challenging to find employment or housing, as many employers and landlords perform background checks. A felony record can create obstacles to rebuilding your life after serving your sentence.
Impact on Immigration Status: For non-citizens, a felony conviction for battery on a peace officer may result in deportation or make the individual inadmissible for future immigration benefits. Crimes involving violence or moral turpitude, especially those involving law enforcement, can trigger severe immigration consequences.
5. Restitution to the Victim
In addition to the standard penalties of jail time and fines, the court may order the defendant to pay restitution to the victim. Restitution is intended to compensate the peace officer or public official for any financial losses they suffered as a result of the battery, such as:
Medical expenses related to the treatment of injuries.
Lost wages if the victim was unable to work due to their injuries.
Restitution is separate from fines and is paid directly to the victim to cover the costs associated with the battery.
6. Probation as an Alternative to Jail Time
In some cases, the court may sentence the defendant to probation rather than imposing jail time. Misdemeanor probation (informal probation) typically involves:
Meeting regularly with a probation officer.
Complying with court-ordered conditions, such as attending anger management classes or performing community service.
Paying fines and restitution as ordered by the court.
Felony probation (formal probation) is more restrictive and includes additional requirements, such as more frequent reporting to a probation officer and possible restrictions on travel or other activities.
If the defendant successfully completes the terms of probation, they may avoid serving jail time. However, violating probation terms can result in the court imposing the original jail sentence.
5. What are the Related Offenses To Penal Code § 243b & 243c PC?
Penal Code § 243(b) and § 243(c) PC cover the crime of battery on a peace officer or other protected public officials, such as police officers, firefighters, paramedics, and emergency medical technicians (EMTs). Battery involves the unlawful use of physical force or violence against another person. Several related offenses under California law also address battery, assault, and violent acts against both public officials and civilians. These related offenses may involve similar conduct but differ in terms of the circumstances, the victim, or the severity of the injury.
Below are some of the most common related offenses to Penal Code § 243(b) and § 243(c) PC:
1. Penal Code § 242 PC – Simple Battery
Simple battery, defined under Penal Code § 242 PC, occurs when a person willfully and unlawfully uses force or violence against another individual, regardless of whether the victim is a peace officer or public official. Unlike Penal Code § 243(b) and § 243(c), which specifically address battery against protected individuals, Penal Code § 242 applies to battery committed against any person.
Penalties:
Misdemeanor: Up to 6 months in county jail.
Fines up to $2,000.
Simple battery is less serious than battery on a peace officer, but it still carries significant penalties, especially if the battery results in injury.
2. Penal Code § 245(a)(1) PC – Assault with a Deadly Weapon
Assault with a deadly weapon (ADW), under Penal Code § 245(a)(1) PC, occurs when a person assaults another individual using a deadly weapon or instrument that is capable of causing great bodily injury or death. This offense does not require that the victim be a peace officer or protected official, but it is a serious charge due to the use of a weapon.
Penalties:
Misdemeanor: Up to 1 year in county jail and fines up to $1,000.
Felony: Two, three, or four years in state prison and fines up to $10,000.
This offense is related to Penal Code § 243(b) and § 243(c) when the assault involves the use of a weapon and targets a public official.
3. Penal Code § 243(d) PC – Aggravated Battery Causing Serious Bodily Injury
Aggravated battery, under Penal Code § 243(d) PC, involves inflicting serious bodily injury on another person. This charge can be brought if the battery results in injuries such as broken bones, severe cuts, or other injuries requiring medical treatment.
Penalties:
Misdemeanor: Up to 1 year in county jail.
Felony: Two, three, or four years in state prison and fines up to $10,000.
Aggravated battery can apply to any person, but if committed against a peace officer or public official, the penalties may be more severe, especially if it results in serious bodily harm.
4. Penal Code § 240 PC – Simple Assault
Simple assault, under Penal Code § 240 PC, is an unlawful attempt, coupled with the ability, to commit a violent injury on another person. Unlike battery, which involves actual physical contact, assault only requires an attempt to use force or violence.
Penalties:
Misdemeanor: Up to 6 months in county jail and fines up to $1,000.
This offense is related to Penal Code § 243(b) and § 243(c) when the assault targets a peace officer or public official, even if no physical contact is made.
5. Penal Code § 245(a)(2) PC – Assault with a Firearm
Assault with a firearm, under Penal Code § 245(a)(2) PC, involves assaulting another person with the use of a firearm. This offense is considered extremely serious due to the inherent danger posed by firearms.
Penalties:
Misdemeanor: Up to 1 year in county jail.
Felony: Two, three, or four years in state prison and fines up to $10,000.
This offense is related to Penal Code § 243(b) and § 243(c) when a firearm is used in the assault, particularly if the target is a peace officer or public official.
6. Penal Code § 148(a)(1) PC – Resisting Arrest
Resisting arrest, under Penal Code § 148(a)(1) PC, involves willfully resisting, delaying, or obstructing a peace officer or emergency medical technician in the performance of their duties. While this offense does not require actual physical violence like battery, it is closely related because it involves interfering with a public official.
Penalties:
Misdemeanor: Up to 1 year in county jail and fines up to $1,000.
Resisting arrest often accompanies battery charges when the defendant uses force against an officer during an arrest or detention.
7. Penal Code § 417 PC – Brandishing a Weapon
Brandishing a weapon, under Penal Code § 417 PC, involves drawing, exhibiting, or using a weapon in a threatening or angry manner in the presence of another person. This offense does not require physical contact but can still be charged alongside or instead of battery if a weapon is involved.
Penalties:
Misdemeanor: Up to 1 year in county jail.
Felony: Up to three years in state prison, depending on the circumstances and type of weapon.
This offense is related to Penal Code § 243(b) and § 243(c) if the defendant brandishes a weapon in the presence of a peace officer or public official.
8. Penal Code § 243.4 PC – Sexual Battery
Sexual battery, under Penal Code § 243.4 PC, involves touching the intimate parts of another person without their consent and for sexual gratification, abuse, or arousal. While sexual battery differs from other forms of battery due to its sexual nature, it is still a battery offense and carries serious penalties.
Penalties:
Misdemeanor: Up to 1 year in county jail and fines up to $2,000.
Felony: Two, three, or four years in state prison and fines up to $10,000.
Sexual battery is a related offense to Penal Code § 243(b) and § 243(c) when the unlawful physical contact involves a public official or occurs in a situation where the individual is performing their duties.
9. Penal Code § 273.5 PC – Corporal Injury to a Spouse or Cohabitant
Corporal injury to a spouse or cohabitant, under Penal Code § 273.5 PC, involves willfully inflicting physical injury on a spouse, cohabitant, or parent of the defendant’s child. This charge is closely related to battery, but it applies specifically to domestic relationships and situations where the victim suffers a physical injury.
Penalties:
Misdemeanor: Up to 1 year in county jail and fines up to $6,000.
Felony: Two, three, or four years in state prison and fines up to $6,000.
This offense is related to battery charges, especially in domestic violence cases, and can result in additional penalties if the victim is a protected official.
Protecting Your Rights, Defending Your Future
Get in touch with our lawyers today to schedule a consultation and learn how we can help you. We are here to answer your questions and provide you with the support you need during this difficult time.
Client Satisfaction Is Priority
You Are More Than What They Say
We Always Go The Extra Mile