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<\/a> attorney with experience in handling battery and assault cases<\/a> immediately.<\/p>\n <\/p>\n This offense occurs under California Penal Code section 243(b)(c)\u00a0when there is\u00a0a\u00a0willful 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.<\/p>\n Intending to perform the motion that caused the battery.<\/p>\n The touching of another person in a violent, rude, aggressive, angry, or disrespectful manner.<\/p>\n The slightest contact, touching, or use of force. Physical contact can be indirect by causing an object or another person to touch the person.<\/p>\n The person\u2019s body, clothing, or something attached to their person.<\/p>\n The person did not consent to the touching.<\/p>\n EMT\u2019s, Firefighters,\u00a0Police Officers,\u00a0and other\u00a0Public Officials<\/p>\n The prosecution has to prove beyond a reasonable doubt that the defendant did not act in self-defense.<\/p>\n <\/p>\n In consideration of the seriousness of battery\u00a0on a peace officer, California has criminalized it under Penal Code section 243(b)(c). Under this law,\u00a0\u201cwhen a battery is committed against a\u00a0protected\u00a0person\u00a0engaged in the performance of\u00a0his or her duties, whether on or off duty, and\u00a0the person committing the offense knows or reasonably should know\u00a0that the victim is a\u00a0protected person\u00a0engaged in the\u00a0performance of his or her duties,\u00a0the battery with serious bodily injury<\/a>\u00a0is 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.\u201d<\/p>\n Basically, to convict someone of PC 243(b)(c), the prosecutor must prove each of the following elements:<\/p>\n <\/p>\n In California when an offense of Battery\u00a0On a Peace Officer\u00a0is charged as a\u00a0Misdemeanor\u00a0and you are found guilty under\u00a0PC 243(b)(c), you may:<\/p>\n In California when an offense of Battery\u00a0On a Peace Officer\u00a0is charged as a\u00a0Felony\u00a0and you are found guilty under\u00a0PC 243(b)(c), you may:<\/p>\n It is important to note that if you used a firearm to commit the battery on a peace officer,\u00a0this is considered an\u00a0aggravating factor\u00a0that will\u00a0increase\u00a0prison sentences up to 4, 6, or 8 years.<\/p>\n <\/p>\n Because of the severity of the penalties involved in\u00a0a battery\u00a0on a peace officer charge, your criminal defense attorney will have to determine which legal defense theory will work best in your particular situation.<\/p>\n Possible defenses associated with this charge can include:<\/p>\n 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. \u00a0For self-defense to be justified, the force you used must have been proportionate to the threat you faced. 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 cause your body to involuntarily react when threatened or placed in harm’s way. This is what it takes to win a self-defense claim!<\/p>\n <\/p>\n If you find yourself in a situation where you could be charged for a battery on a peace officer, make sure to contact criminal defense team. We’re experienced criminal attorneys in San Diego that know how the local law enforcement officers, judges, and local prosecutors work, and can use that knowledge to your advantage.<\/p>\n <\/p>\n Battery On a Peace Officer\u00a0in San Diego 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 […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-34","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\nWhat is battery on a peace officer?<\/h2>\n
Intentional:<\/h3>\n
Harmful or Offensive:<\/h3>\n
Touching:<\/h3>\n
Of Another:<\/h3>\n
Without Consent:<\/h3>\n
Protected Person:<\/h3>\n
Defendant Did Not Act In Self-Defense:<\/h3>\n
Understanding Penal Code Section 243(b)(c)<\/h2>\n
What does the prosecutor need to prove to get you convicted of battery on a peace officer?<\/h2>\n
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Battery On a Peace Officer Can Be Charged As a Misdemeanor or a Felony<\/h2>\n
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Aggravating Factors for Battery On a Peace Officer<\/h3>\n
How do you prove you are not guilty of battery on a peace officer?<\/h2>\n
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Your Best Defense against Charges for Battery on a Peace Officer in San Diego<\/h2>\n
Contact San Diego Battery On A Peace Officer Criminal Defense Attorneys for a FREE consultation today at: 619-405-0063<\/a><\/h4>\n","protected":false},"excerpt":{"rendered":"