California Penal Code Section 243 B
Are you facing charges for Battery Against A Peace Officer? Violation of California Penal Code Section 243 B can be a serious felony or misdemeanor offense. We at MacGregor & Collins have over 30 years of experience in Orange County battery cases. We are an unparalleled OC criminal defense firm who will help you understand the charges brought against you and fight to get you the best judgment possible for your case.
According to California Penal Code 243 B, anyone who willfully touches a Peace Officer with force, and that unwanted contact was considered to be insulting, is guilty of CPC 243 B. Simply put, it is battery against a Peace Officer, and therefore carries higher fines.
The term battery can sometimes be used interchangeably with assault and battery, however the definitions and conditions for punishment vary between the two.
In order to prosecute for Orange County CPC 243B Battery Against a Peace Officer, the state has the burden to prove:
- An individual committed a battery against a peace officer
- The individual did so while the Peace Officer was on duty
- The individual was aware that the victim was a Peace Officer (Police, Patrol Officer, etc.)
- The Peace Officer was inflicted with injuries
Bodily Injury examples include a wound or fracture. It could mean a concussion or loss of consciousness, or even as serious as a disfigurement or loss of body function or organ.
The penalties or punishment for CPC 243 B, which is Battery Against a Peace Officer depend on a number of factors AND includes whether a weapon was used, your criminal history, the severity of the victimÕs injury. Battery Against a Peace Officer can be filed under (felony or misdemeanor), and those found guilty can face:
- Misdemeanor
- Up to 1 Year in the Orange County Jail
- A maximum $2,000 fine
- An informal probation of up to three years
- Enrollment in a battererÕs program and community service
- Felony
- 16 Months, 2 or 3 Years in the California State Prison
- A maximum $10,000 fine
- An formal probation
Potential Penalties:
If you are charged with a felony, you could also face a possible strike on your record. The law surrounding battery charges is a little complex, since there are other penal codes that stem from battery, like simple battery, sexual assault, or assault with a deadly weapon.
If you are facing Battery Against a Peace Officer charges for Penal Code 243B and were falsely accused, the OC criminal defense attorneys at MacGregor & Collins can help you. We will bring superior legal experience to aid you in this challenging time. Call us today at (949) 250-6097.
