Legal Practices for Battery on a Peace Officer in Van Nuys, CA
What happens if you’re accused of Battery on a Peace Officer in Van Nuys, CA? An attorney at the Law Office of Chris Chaney can explain. Call for a consultation!
What Is Battery on a Peace Officer in Van Nuys, CA?
Battery charges can lead to substantial penalties, especially if the offense results in serious bodily harm or injury. The penalties are enhanced significantly if the alleged battery is against a peace officer or a protected professional. Thus, if you have been charged with a battery offense against a peace officer, it is imperative to seek help from a criminal defense lawyer in Van Nuys. The Law Office of Christopher Chaney can vigorously represent those charged with battery in order to achieve favorable outcomes.
Examples of battery on a peace officer include:
- Throwing a frozen water bottle at a peace officer during protests.
- Stomping on a peace officer’s foot and scratching or fighting them when resisting arrest.
- Pushing paramedics when they are providing medical care.
Battery Against a Peace Officer in Van Nuys, CA
The battery of a peace officer is a state crime punishable under California Penal Code 243(b) and 243(c). It is only punishable if the defendant willfully and unlawfully touches a peace officer or another protected officer in an offensive manner.
Battery against a peace officer is a wobbler offense. Wobblers are crimes that can either be classified as misdemeanors or felonies by prosecutors.
Who Is Considered a Peace Officer in California?
A peace officer is a public sector professional whose primary responsibilities include upholding the law and maintaining the peace. Peace officers help counter the Van Nuys crime rate and ensure neighborhoods and communities are safe and secure places to reside and work.
A peace officer usually carries a badge and has the power to arrest. The California penal code chapter 4.5, section 830-832.17, terms a peace officer as anybody who has met the requirements set forth by law for a peace officer. These peace officers include the following:
Sheriffs, undersheriffs, and deputy Sheriffs
California highway patrolman
Emergency medical technicians
Chief of police of a city
Port warden/ port police officer
District harbor police
Chief executive of a public safety agency
Marshal/ deputy marshal of a superior court
Inspector/ investigator employed as a peace officer in the office of the district attorney
While custodial officers, animal control officers, emergency medical technicians, and lifeguards are not recognized as peace officers by California Penal Code chapter 4.5, section 830-832.17, they are protected by California Penal Code sections 243(b) and 243(c) in the event of a battery committed against them.
What Is Considered a Battery in California?
The legal definition of battery as per California Penal Code Section 243 PC is an unlawful or unwanted physical contact that causes significant physical injury to another. Federal law recognizes battery offenses no matter how slight the battery is. Battery that results in serious injuries is punished more severely.
Grave bodily injuries are those that entail severe impairment of one’s physical condition, including:
Loss of consciousness
Impairment of a body part/ organ
A wound that needs extensive stitching
In order to prove an assault & battery charge, the prosecutor must prove certain factors, including:
The alleged victim was a peace officer undertaking assigned duties.
The defendant willfully touched a peace officer/ protected person in an offensive manner.
The victim suffered severe bodily injury from the battery.
The defendant didn’t act in self-defense.
Defenses for Battery Against a Peace Officer
A misdemeanor attorney can defend a defendant alleged to have violated the battery laws with the following legal defenses:
Common legal defenses that assault and battery lawyers can use to counter the charges include:
The defendant acted in self-defense.
The defendant didn’t act willfully.
The alleged victim wasn’t engaged in the performance of their duties.
A skilled expungement attorney can help you develop a solid defense against battery charges. Reach out to the Law Office of Christopher Chaney today!
The California Penal Code integrates Diversion Programs and sets forth the penalties for battery offenses. A battery offense against a peace officer, police officer, or other protected officer is punishable by a fine of not more than $2000 or a jail sentence of not more than twelve months.
Additionally, a battery that causes injury to a peace officer may result in a fine not exceeding $10,000, a maximum jail term of up to twelve months, or a prison sentence of up to three years.
To summarize, persons violating California Penal Code are punishable by:
Misdemeanor Battery: A maximum of $2000 fine or custody in county jail for up to 1 year.
Felony Battery: A maximum of $10,000 fine or three years imprisonment.
It is worth noting that persons convicted of misdemeanor aggravated battery are prohibited from owning or purchasing a gun for 10 years. A felony aggravated battery conviction can result in lifetime gun ownership restrictions for defendants.
Hiring a Criminal Defense Attorney in Van Nuys, CA
A qualified criminal defense attorney is crucial if you are charged with the battery of a peace officer in California. There is more to battery charges than meets the eye. California’s assault and battery penalties vary depending on the circumstances and whether they are misdemeanors or felonies. Therefore, it is imperative to have a skilled criminal defense attorney with experience interacting with prosecutors on your side if you are accused of assault and battery against a peace officer.
For a free consultation, contact the Law Office of Christopher Chaney. Call now!
Frequently Asked Questions
Is Battery on a Police Officer a Felony in Van Nuys, CA?
Yes. As noted above, most battery violations are charged as misdemeanors. In contrast, an offense that inflicts physical injuries is a wobbler, which can be charged as either a felony or a misdemeanor.
What Is Meant by Resisting Arrest in Van Nuys, CA?
California penal code 148 PC defines resisting an arrest as willfully resisting, delaying, or obstructing law enforcement officers from performing their duties. It’s a crime to resist an executive order.