LAPD Batting Practice Battery ON a Peace Officer is Usually Battery BY a Peace Officer Cal. Penal Code §§ 242, 243(b) and 245(c); Simple Battery, Battery on a Peace Officer and Assault with a Deadly Weapon / Great Bodily Injury on Peace Officer. Simple Battery; Cal. Penal Code § 242. (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. (c) (1) When a battery is committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, whether on or off duty, 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 nonsworn employee of a probation department, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, and an injury is inflicted on that victim, the battery is punishable by a fine of not more than two thousand dollars ($2,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years. (2) When the battery specified in paragraph (1) is committed against a peace officer 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 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 punishable by a fine of not more than ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, 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. “Simple Battery”, a misdemeanor, is defined as follows: A battery is any willful and unlawful use of force or violence upon the person of another. The California standard Superior Court Criminal Case Jury Instruction for Simple Battery is CALCRIM 960: CALCRIM 960. Simple Battery (Pen. Code, § 242) The defendant is charged with battery [in violation of Penal Code section 242]. To prove that the defendant is guilty of this crime, the People must prove that: 1. The defendant willfully [and unlawfully] touched <insert name> in a harmful or offensive manner(;/.) <Give element 2 when instructing on self-defense, defense of another, or <reasonable discipline.> [AND 2. The defendant did not act (in self-defense/ [or] in defense of someone else/ [or] while reasonably disciplining a child).] Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage. The slightest touching can be enough to commit a battery if it is done in a rude or angry way. Making contact with another person, including through his or her clothing, is enough. The touching does not have to cause pain or injury of any kind. [The touching can be done indirectly by causing an object [or someone else] to touch the other person.] [Words alone, no matter how offensive or exasperating, are not an excuse for this crime.] Cal. Penal Code § 243 (b); Punishment for Battery Upon Peace Officer or Custodial Officer. Cal. Penal Code § 243 (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. As shown above, most cases of “Battery ON a Peace Officer” are really cases of “Battery BY a Peace Officer”. Don’t get framed; get paid instead. Defending bogus Criminal Cases and Suing Police Officers for Violating your Constitutional Rights since 1984 for Excessive Force, Police Brutality, False Arrest, Malicious Prosecution, Police K-9 Maulings, Police Beatings and Shootings and Wrongful Death, Concealing or Destroying Evidence and Retaliation. Serving Southern California. Available 24 Hours a Day! Tel: (949) 474-1849. Mr. Steering is a Specialist in defending bogus Resistance Offense cases like Resisting Arrest (Cal Penal Code 148(a)(1)), Battery on Officer (Cal Penal Code 242/243(b)) and other crimes against police officers. 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 FREE CASE EVALUATION
