Criminal Defense Lawyers

Free Consultations

Battery on a Police Officer

(PC 243(b) & 243(c))

Information on the crime of battery on a police officer is found at California penal code sections 243(b) & 243(c). This information applies to the law, defense, and punishment of battery law enforcement in general individuals, such as probation officers, code enforcement officers, firefighters, emergency rescue, etc. and includes information specific to the crime of battery on a police officer.
PC 243 Law:
PC 243(b) Non injury battery against a police officer or other law enforcement officer: When a battery is committed against a police officer, custodial officer, firefighter, emergency medical technician, security officer, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member, 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 peace officer, custodial officer, firefighter, emergency medical technician, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties,, the battery is classified as a misdemeanor (abbreviated).
PC 243(c)(1) Battery causing injury against emergency personnel not including a police officer: When a battery is committed against a custodial officer, firefighter, emergency medical technician,, process server, traffic officer, or animal control officer 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 employee of a probation department, custodial officer, firefighter, emergency medical technician, process server, traffic officer, or animal control officer is engaged in the performance of his or her duties, and an injury is inflicted on that victim, the battery may be charged as a misdemeanor or a felony.

PC 243(C(2) Battery causing injury against a police officer: When the battery causes injury and is committed against a peace officer 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 peace officer engaged in the performance of his or her duties, the battery is charged as a misdemeanor or as a felony.

Injury defined: Injury, for purposes of PC 243 crimes, means any physical injury which requires professional medical treatment.

Serious bodily injury defined: serious bodily injury, for purposes of PC 243 crimes, means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.

PC 243 Punishment

PC 243(b): Battery of a police officer (without injury) is charged as a misdemeanor. If found guilty of PC 243(b), the defendant could face up to one year in county jail.

PC 243(c)(1): ​Battery of emergency personnel causing injury (not including a peace officer) is charged as a misdemeanor or as a felony (wobbler). If found guilty of misdemeanor PC 243(c), the defendant could face up to one year in county jail; if found guilty of felony PC 243(c)(1), the defendant could face up to three year year in jail.

PC 243(c)(2): Battery on a peace officer causing injury is charged as a misdemeanor or a felony (wobbler). If found guilty of PC 243(c)(2) as a misdemeanor, the defendant could face up to one year in county jail; if found guilty of PC 243(c)(2) as a felony, the defendant could face up to three years in jail.

Probation: Probation is a period of supervision, with or without some actual jail, which is intended to serve in place of a longer jail commitment. Probation sentences are available in some battery on a police officer charges. Whether or not a the defendant will be granted a probation sentence after a PC 243 conviction depends largely on the facts of the case, the exact criminal charges, and the defendants' criminal history. When jail is ordered as a term of probation the jail sentence may usually be served on house arrest or work release.

Split & Suspended Sentence: felony Jail sentences may be split or suspended in PC 243(c)(1) cases. A split sentence means that the defendant may be allowed to serve some part of his or her jail sentence in custody and some part of it out of custody on work release or house arrest; a suspended sentence means that the defendant may have his or her jail sentence suspended (not served) unless there is a violation of the defendant's probation. Whether a split or suspended sentence will granted by the judge in any battery on a police officer cases depends on several factors.

Three Strikes Law: Both PC 243(c)(1) and PC 243(c)(2) Battery on emergency personnel causing injury and battery on a peace officer causing bodily injury, respectively, are considered strike offenses under California's Three Strikes law as theses offenses are considered serious under penal code 1192.7.

CIMT: Battery on a police officer is not a crime involving moral turpitude.

In addition to the penalties listed, if found guilty of battery on a police officer (or emergency personal) the defendant could be faced with any of the following punishments: fines and fees, restitution, restraining orders, loss of a professional license, loss of firearm rights (PC 243(c)(1) & 243(c)(2) felonies), loss or revocation of military enlistment, and more.

PC 243 Defenses:

Common defenses to the crime of battery on a a police officer include: statute of limitations, false arrest, mistake of fact, insufficient evidence, lack of injury (PC 243(c)(1) & 243(c)(2) cases, coerced confessions, and more. For more information on defenses in general, see Defenses to Crimes.

If you have been charged with battery on a police officer (PC 243(b), 243(c)(1), or 243(c)(2), contact our criminal defense lawyers today for a free consultation. Our criminal defense lawyers are available 7 days a week to assist you. Call today!

909-913-3138

Quick Reference​ Sheet

Crime: Battery on a Police Officer

Code: PC 243(c) (CalCrim No. 926 & 945)

Wobbler: Yes. PC 243(c) is a wobbler crime. This means PC 243(c) may be charged as a felony or as a misdemeanor.

Incarceration:Felony PC 243(c) jail sentence range: 16 months, 2 or 3 years jail. Misdemeanor jail sentence up to 1 year.

Probation: Probation may be available in PC 243(c) cases (assuming other crimes or enhancements that bar a probation sentence are not present). Whether or not a probation sentence is offered by the District Attorney, or granted by the court, depends on several factors, including the defendant's criminal history and the facts of the case.​

Work Release or House Arrest: In some cases, a probation sentence can include actual in-custody county jail, house arrest (electronic monitoring), or work release (or some combination of these penalties); however, most in-custody jail sentence orders that are required as a terms of probation are much shorter than the maximum jail sentence.

PC 1170(h)): Yes. PC 243(c) is subject to PC 1170(h) sentencing. This means that any jail or prison sentence may be:

  • Split (half in-custody / half out-of-custody)

  • Suspended (possibly never served)

  • Served in county jail (not state prison)

  • Note: Limitations may apply

Strike: PC 243(c) is a strike offense per California's Three Strikes law because this crime is a Serious offense (PC 1192.7). Strike offenses are subject to reduced good time credits in jail or prison and other penalty enhancements for later criminal convictions.

Credits: 50% good conduct credits available.

CIMT: PC 243(c) is not a crime involving moral turpitude if there is no injury to the officer . Note: PC 243(c)(2) (battery on a peace officer with injury) is a CIMT.

 ​​

Firearms: Felony PC 243(c) convictions prohibit defendant from owning or possessing firearms. Misdemeanor convictions prohibit defendant from owning or possessing firearms for 10 years. 

Bail: $25,000 (No Injury); $50,000 (With Injury); $100,000 (Great Bodily Injury) [San Bernardino County]

Criminal Defense Lawyers

909-913-3138

Highland, Hesperia, Colton, Upland, Ontario, Yucaipa, Redlands, Chino, Rialto, Victorville, San Bernardino, Fontana, Rancho Cucamonga, Loma Linda

© 2020 Copyright by Dorado & Dorado, APLC

1030 Nevada Street

Suite 105

Redlands, CA 92374