Cal. Penal Code Section 243(b); Battery on a Peace Officer Lawyer. Battery ON a Peace Officer is Usually Battery BY a Peace Officer. Cal. Penal Code § 242 defines a battery in California: A battery is any willful and unlawful use of force or violence upon the person of another. Cal. Penal Code Section 243(b); Battery on a Peace Officer Lawyer. Cal. Penal Code § 243(b) provides: (a) A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. (b) When a battery is committed against the person of a peace officer , custodial officer, firefighter, emergency medical technician, lifeguard, security officer, 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, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, 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, nonsworn employee of a probation department, or a physician or nurse engaged in rendering emergency medical care, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (d) When a battery is committed against any person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. See Our Article: Battery ON a Peace Officer is Usually Battery BY a Peace Officer. Police Misconduct Specialties: Excessive Force Concealing Evidence Destroying Evidence False Arrest K-9 Maulings Malicious Prosecution Police Beatings Police Brutality Police Shootings Whistle Blower Retaliation Wrongful Death If you are the victim of police misconduct, we can help defend your bogus criminal cases and contemporaneously set-up your subsequent civil cases for damages for your beating, false arrest and malicious criminal prosecution. Jerry L. Steering, Esq. FREE CASE EVALUATION
