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Battery On A Peace Or Police Officer: Penal Code § 243(b) PC and Penal Code §

Battery On A Peace Or Police Officer: Penal Code § 243(b) PC and Penal Code

The laws in the State of California regarding battery on a peace or police officer can be found under Penal Code 243(b) and 243(c) PC. The definition of this law is the intentional and unlawful touching of a peace or officer or another type of protected official (like a police officer) in a way that is either offensive or harmful, and while the protected official is performing their responsibilities.

A person can only be found guilty of this crime if they knew that the other person was a protected official carrying out their duties at the time the battery occurred. People who are protected under this law, in addition to peace officers, include firefighters, process servers, firefighters, nurses and doctors, paramedics and EMTs, and probation department employees.

Here are three examples that may be considered Battery On A Peace Or Police Officer: Penal Code § 243(b) PC and Penal Code:

• There is a group of people protesting police misconduct. One of the people in the group throws a rock at one of the police officers who are in charge of keeping an eye on the site.

• A parolee who has mental illness issues hits their P.O. during their regular meetings.

• A police officer is attempting to arrest someone who is under the influence. The person claws at the officer and scratches him.

Penalties Under Battery On A Peace Or Police Officer: Penal Code § 243(b) PC and Penal Code

Christine Twomey

2024-03-21

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Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Battery on a peace or police officer is considered a misdemeanor in California. Penalties may include up to one year of time spent in county jail or a fine of as much as $2,000. However, if the crime results in injuries that require medical attention, the crime can be charged as a felony, or it may still be charged as a misdemeanor. If the crime is charged as a felony, it can result in up to three years in county jail or a fine of as much as $10,000.

Proving a Crime was Committed

In order for the prosecution to prove that a crime was committed, they must prove a few different elements. First, that the victim was a peace officer or a person who is protected under this law. Second, that the defendant purposely and illegally touched the officer in order to offend or harm them. Third, that the defendant has reason to believe the protected person was engaging in their official duties.

If it wasn’t obvious that the protected person was either protected under the law (for example, they weren’t wearing their uniform) or that they weren’t engaged in their duties, it’s possible the defendant will not be charged. An example of this includes the following: if a fight breaks out in a bar and one person hits a police officer, but it wasn’t obvious that the person hit was a police officer, the defendant would not be in violation of the law.

Legal Defenses Against Battery On A Peace Or Police Officer: Penal Code § 243(b) PC and Penal Code

The State of California does not take crimes against police officers lightly. However, if you are charged with this crime, an experienced criminal defense attorney may help you figure out if you have any defenses. For example, you may feel that you were defending someone or yourself; that you did not intentionally harm the officer; or that the officer was not engaged in their duties when the battery happened. If the officer was engaged in police misconduct, this would mean that they were not engaged in their duties.

When it comes to acting in self defense or defending another person, there are a few things to consider, and they all must be true in order for them to serve as a legitimate defense:

• You truly believe that you or another person was at risk of being touched illegally or being injured.

• You felt that using force against the protected person was the only way to defend you or another person from that danger.

• You didn’t not use more force than you felt was necessary to properly defend yourself against the supposed danger.

Note that words cannot be considered battery on a protected person, even if the words are incredibly offensive.

You also cannot be convicted of Battery On A Peace Or Police Officer: Penal Code § 243(b) PC and Penal Code if the protected person was not performing their duties. For example, if a police office was unlawfully arresting somebody or showcasing police brutality, you cannot be charged with this crime.

Criminal Defense

If you’re afraid you might be charged with Battery On A Peace Or Police Officer: Penal Code § 243(b) PC and Penal Code, contact an experienced criminal defense attorney today.