Battery is an offense with dire consequences for those the court declares guilty after going through a trial. You can receive a lengthy jail or prison sentence after conviction if you commit battery against another person. The consequences are graver for those who commit the offense against protected persons, like police officers. But you can fight your charges in court to change the case's outcome and avoid a conviction and its severe consequences. If you face charges for battery on a peace officer in Bakersfield, you can receive legal support and guidance from our California Criminal Lawyer Group team. We handle all kinds of assault and battery charges, focusing on helping you develop a solid defense for a favorable outcome. But first, we will help you understand what your charges mean and the possible repercussions. Through skills and experience, we could compel the judge to reduce or dismiss your charges.

An Overview of a Battery Offense

The law against assault and battery protects all people against the unlawful and unwarranted actions of others. Though the two offenses are sometimes used interchangeably, they have distinct meanings and repercussions for those the court declares guilty.

The law against assault prohibits an attempt to injure or harm another person using violence or force. Assault charges against you will hold as long as you can hurt the other person.

The law against battery prohibits the illegal and intentional use of violence or force against another person. Assault charges do not require you to harm the other person physically. If that happens, the prosecutor will file battery charges against you.

A simple battery charge will be a misdemeanor, punishable by jail or probation and a court fine. But it will leave you with a damaging criminal record that can affect your social and professional lives. If there are aggravating circumstances in your case, like using a dangerous weapon or inflicting a significant physical injury, you will face felony charges. That could result in a prison sentence, a hefty court fine, and an infringement on some of your rights, like gun rights. You will also have a serious criminal record that will continue to impact your life for several years.

That is why you need the help and guidance of a competent criminal lawyer if you face battery charges today. Your lawyer will ensure that you understand what your charges mean, what they imply, and how you can fight them during the trial. They will also gather evidence and develop a solid defense against your charges. With the help of a skilled lawyer, you will enjoy a seamless legal process and a possible fair outcome for your case.

The Legal Meaning of Battering a Peace Officer

While the law protects all people against the unlawful actions of others, it protects specific people, particularly those whose duties include directly discharging services to the public. Peace officers are mainly people whose work includes enforcing the law and ensuring that members of the public are safe as they carry on with their daily activities. They have the police, prosecutors, and members of the judiciary. Even though they are ordinary people, the protection of the law ensures that they are safe as they discharge their services to the public. That is why assaulting or battering a protected officer while the officer is on duty is a serious offense, punishable by a lengthy jail or prison sentence or a hefty court fine.

The law against battery on a peace officer is under Penal Code 243(c)(2). According to this law, committing battery against a protected officer while the officer discharges their services to the public is a criminal offense. A battery offense involves unlawfully touching the officer rudely or offensively. The charges become graver if the officer sustains an injury. In that case, the DA can file felony charges against you, punishable by a prison sentence or a hefty fine. You could also receive a strike conviction under the Three Strikes Law, affecting your current and subsequent sentences for strike convictions.

But before the judge declares you guilty, the DA must present the case and evidence in court and demonstrate the facts. The facts of this case include the following:

  • You committed battery against a person.
  • The person was a protected peace officer.
  • You were aware, or should reasonably have known, that the individual was a protected officer.

Here are the facts of this case in detail:

The Offense of Battery

For the prosecutor to prove you committed an act of battery against a protected officer, they should first demonstrate the battery offense. The legal meaning of battery is under PC 242. According to this law, battery occurs when you intentionally touch someone else in a rude or harmful way. Let us break down this legal definition to understand it better:

  • The Touch

Battery involves establishing physical contact with another person. Physical contact does not require injury or harm for the prosecutor to prove the case. A minor contact can satisfy the case requirements if it meets other criteria.

The contact can be indirect, like through the person’s clothes or anything intimately connected to them, like a bag they carry or something they have on their hands. Sometimes, the touch need not involve the alleged victim’s body. You can establish contact through something the victim has, like a bicycle they ride or a chair they sit on.

  • Willful Action

The touch on the other person must be willful or deliberate for the prosecutor to prove your case. A willful action is intentional, not accidental. But the prosecutor need not demonstrate that you intended to break the law, harm the victim, or take advantage of them. You do not need to have planned to batter the other person to be guilty. But you must have intended to use force or violence against them.

  • Offensive or Harmful Touch

The DA must also demonstrate that your actions towards the other person were offensive and/or harmful. You were not joking or being playful but angry, rude, violent, or disrespectful.

If the prosecutor proves these elements, you will be convicted of battery. But for the judge to declare you guilty under Penal Code 243(c)(2), the DA must demonstrate other elements of this crime.

The Victim is a Peace Officer

PC 243(c)(2) protects peace officers against acts of violence from members of the public. The DA must prove during the trial that the individual against whom you committed battery was a protected officer. A peace officer belongs to any of the following categories:

  • The police department.
  • Any other law enforcement agency.
  • The sheriff's department.
  • The Attorney General’s office.
  • A prosecutor.

The victim must be any person whose official duties include enforcing the law.

Additionally, the protected officer needs to have been executing their duty when you committed the crime. If not, the prosecutor will not prove all those elements beyond a reasonable doubt.

The Knowledge

You must also be aware or reasonably know that the alleged victim is a protected officer in the line of duty. To prove this knowledge, the prosecutor will demonstrate the following:

  • That the officer was in uniform— all law enforcement officers, like the police, have a distinct uniform for easier identification.
  • They identified themselves to you by stating their status.
  • If the protected officer was driving, the car was distinctively marked.
  • They were in a group of other peace officers.

If the prosecutor proves all these elements in court, the judge will declare you guilty of your charges. The case will then proceed to sentencing, where you will receive penalties.

Likely Penalties if Convicted Under Penal Code 243(c)(2)

A battery offense against a protected officer is more severe than a simple battery case against an ordinary citizen. Thus, the likely penalties if the court convicts you under this statute will be more powerful.

A simple battery case is a misdemeanor punishable by one year or less in jail and a court fine. But if you commit the same offense against a protected officer, the offense becomes a wobbler, whereby the DA can file felony or misdemeanor charges. The charges you will face will depend on the case's specific details and your criminal history.

A simple case of battery against a peace officer will result in misdemeanor charges, punishable by:

  • A maximum of one-year jail term, or
  • Misdemeanor probation and/or
  • $10,000 in court fines.

A more severe case of battery against a protected officer will result in felony charges, punishable by:

  • A three-year prison sentence, or
  • Felony probation and/or
  • $10,000 in court fines.

The Probation

Judges have total discretion to impose probation in place of, or together with, a jail sentence. When that happens, you could serve your complete sentence or part of it out of incarceration.

Misdemeanor probation is more lenient than felony probation. If the judge sentences you to misdemeanor or summary probation, you could serve your entire sentence outside jail. But the judge will place you under the close watch of the court. It will closely monitor your performance. They can revoke the probation at any time during the probation period if you violate its terms.

If the judge sentences you to felony probation, you could serve part of your sentence in jail and the rest in the community. But the judge will put you under the supervision of the probation department. A probation officer will closely monitor your performance and write a report to the court.

The judge will give you some conditions to abide by to ensure you perform well during probation. Some of your conditions could be:

  • Not to commit a crime during the probation period.
  • To remain within the court’s jurisdiction.
  • To perform community service.
  • To undergo counseling and treatment for any underlying issue that could have caused you to commit the crime, like anger management.
  • To submit period performance reports to the court if on misdemeanor probation.
  • To regularly meet with your probation officer if on felony probation.

Other Consequences of Your Conviction

A criminal conviction automatically means that you will have a criminal record. Criminal records are available to members of the public, meaning anyone can find out about the conviction when they run a background check on you. If a potential employer runs a background check, they could deny you a job opportunity that you qualify for. That will make it challenging to find suitable employment after the conviction.

People will likely treat you differently after the conviction and even after serving a jail or prison sentence. You could lose the support of your family and friends during your incarceration. It becomes increasingly hard to make friends after serving a sentence.

A felony conviction will affect your gun rights. The law allows California adults to obtain licenses to possess or purchase firearms. But you lose those privileges once you receive a felony conviction. It means you will no longer be able to own or buy a gun after sentencing.

Expungement of Your Criminal Record

The good news is that you can file for the expungement of your criminal record after the conviction. That will eliminate all the negative implications and disabilities of having a criminal record. Any person running a background check on you will not know of the conviction once the court expunges it. But you must meet the criteria required before filing for expungement.

First, you must finish your sentence for the underlying offense. If the judge sentenced you to jail, prison, or probation, you can only file for expungement after completing your sentence. You must also pay all court fines and satisfy all the other requirements the judge ordered after your conviction. If you are still on probation and would like to have your criminal record expunged, you should file for an early termination of probation. If the judge grants an early termination of probation, you can file for expungement.

Your expungement request will be denied if you serve a sentence for another offense.

If you meet all the requirements, you must file for expungement in the same court that sentenced you. The judge will study your petition and your performance on probation to respond. If they grant your request, the court will delete the conviction from your record. It will appear that you were never convicted of battering a protected officer.

Legal Defense Strategies for Charges For Battering a Protected Officer

Committing battery against a protected officer can have life-altering consequences like those above. That is why you must consider ways to fight your charges in court to avoid the guilty verdict. Fortunately, the law allows the use of various legal defense strategies to fight criminal charges. If a skilled lawyer uses these strategies, they could convince the judge to dismiss or downgrade your charges. Here are examples of legal strategies that can work in your favor:

You Did Not Commit Battery

Remember that the DA must prove that you violated the battery law. A skilled attorney can fight one or more elements of the offense, making it impossible for the prosecutor to prove the case. For example, your lawyer can argue that you did not touch the officer. If there was no contact between you and the officer, the judge can dismiss or reduce the charges.

Your Actions Were In Self-Defense

If you felt threatened by the peace officer or believed that someone else was in danger, you can use this strategy to compel the judge to drop your charges. But you must demonstrate that you felt threatened then and only used the necessary force for protection or the protection of the other person.

It Was An Accident

Remember that battery is a crime you commit willfully or deliberately. If your actions were accidental, the court will not find you guilty. For example, accidentally knocking or pushing a protected officer down or pouring your drink on them. If your attorney can prove that your actions were not intended, the judge will drop your charges.

The Officer Was Not On Duty

If you commit battery against a protected officer who is not working, you will still receive a battery conviction under PC 242. If the prosecutor cannot demonstrate that the officer was working at the time, or you have compelling evidence that the officer was off-duty, the judge will downgrade your charges.

Mistaken Identity

A skilled lawyer can use this defense if you are mistakenly accused of a crime you did not commit. Mistaken identities happen all the time. It could be that someone who looks like you or is close to you was the perpetrator.

Example: In a protest, someone in a crowd throws an empty bottle that hits a police officer. In that case, it could be hard for the officer to identify the perpetrator. If you were randomly picked from a crowd and charged with battering an officer on duty, you could successfully have your charges dismissed by using this defense strategy.

You Did Not Know That The Victim Was a Protected Officer

Knowledge about the status of the victim as a peace officer in the line of duty is a necessary element of this offense. The court can dismiss your charges if you lacked this knowledge when you committed the crime. But you must demonstrate that you did not know or should not have reasonably known that the victim was a protected officer. For example, you can cite that they were not in uniform and did not identify themselves to you. However, if the prosecutor proves you committed an offense of battery, you can still face criminal charges.

Battery on a Peace Officer and Related Charges

Some offenses under the law are closely related to Penal Code 243(c)(2). The most common of these are:

Simple Battery

PC 242 prohibits any kind of willful and unlawful touching of another person, rudely or offensively. It is mainly a misdemeanor, punishable by six months in jail and $ 2,000 in court fines. The judge can sentence you to misdemeanor probation for one to three years instead of jail time.

If the prosecutor has insufficient evidence to prove you committed battery against a protected officer, they can offer you a plea deal to reduce the charges to simple battery.

Battery with Serious Injury

PC 243(d) applies when you commit battery against a person, and the person suffers a serious injury. It is a serious form of battery offense, with more severe penalties for those convicted. In this case, a serious injury means a severe physical impairment, like a broken bone or concussion. The offense is mainly a felony, punishable by four years in prison.

If you commit battery against a protected officer, and the officer sustains a severe physical injury, you can face charges under PC 243(c)(2) and PC 243(d). The judge will likely sentence you to the charge that gives you a longer sentence.

Assaulting a Police Officer

PC 241(c) prohibits any form of intentional and unwanted contact with a police officer in the line of duty. If you make intentional threats of violence against an officer, the prosecutor will charge you with assault. This law protects all law enforcement officers, including police officers, sheriffs, highway patrol officers, and traffic police. If you are guilty, your penalties could include one year in jail and a $1000 court fine.

Find an Experienced Criminal Defense Lawyer Near Me

Do you or someone you love face charges for committing battery on a peace officer in Bakersfield?

Battering a protected officer is a serious offense, with severe repercussions for those the court finds guilty. But you can fight your charges to avoid a conviction and the resulting consequences with the assistance of a competent criminal defense lawyer. We recommend our services at California Criminal Lawyer Group for our knowledge and extensive experience handling assault and battery-related cases. With our expertise, you will also enjoy a streamlined court process. We can use proper legal strategies to aggressively fight your charges for a favorable outcome. Contact us at 661-750-8230, and let us study your case to devise the best fighting strategy.