San Diego Battery On A Peace Officer Attorney

California laws created special rule for crimes committed against peace officer or protected official, known as a “special person.” The California Penal Code, under section 243 (b) and 243 (c)(2), define battery on a peace officer as “willfully and unlawful touching a peace officer or other protected official in a harmful or offensive manner, while the officer is engaged in the performance of the duties”. The statute defines the crime of battery against a special person in the following:

243 (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.”

The difference between a simple battery and a battery committed on a public official are the type of the punishment and whether the defendant knew or should have known that the victim was a public official. In order for someone being convicted of battery on a public official, the prosecution must prove in court that the defendant knew or reasonably should have known that the victim was a “special person.” However, this type of battery does not matter whether the defendant's conduct was done while the victim was on duty or off duty, so long as the defendant knew that the victim was a “special person”.

EXAMPLE: Kevin is a police officer, and he works as a security guard (private security) in a nightclub as a part-time job. While Kevin was arriving at the nightclub wearing his police uniform. Mike, a regular nightclub client, out of nowhere, threw a glass bottle of beer onto Kevin’s leg.

In this case, even though Kevin was out of his police duties, he was using a police uniform, this evidence is enough for Mike reasonable know that Kevin is a police officer and he could be convicted of battery on a peace officer, under the Section 243, (b) of California Penal Code.

The statutes and Courts have established the victims that are protected under this crime. In order for a person be protect, the person/ victim must engage in the following professions:

• 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, including Doctors and Nurses providing emergency medical care.

In additionally, under section 243 (c) establishes an aggravated penalty if the victim gets injury, it is essential to specify that for a battery be considered, an unlawful offensive touching with the victim must happened, the victim does not need to get harm for someone being convicted of battery. However, if the victim gets hurt from the unlawful touching, the judge could aggravate the punishment of the defendant.

EXAMPLE (1): A nurse tried to treat the patient with the IV, but he hates needle and he punched her on the face to avoid the treatment.

EXAMPLE (2): A police officer, while doing a regular stop and frisk, asked Tom to frisk him, Tom did not understand why the police wanted to search him, he pushed the officer to the floor and run away. 

EXAMPLE (3): A lifeguard while trying to save a drunk woman of being drowning, she scratches his face and arm.

In order for someone being convicted of battery on a peace officer, the prosecution must prove in court the following requirements:

1. The victim was a peace officer performing the duties.
2. The defendant willfully and unlawfully touched the victim in a harmful or offensive manner.
3. When the defendant acted, she/she knew, or reasonably should have known that the victim was a peace officer who was performing her/his duties.

EXAMPLE: One night, in a nightclub, Felipe got into a fight with Brandon. Felipe grabbed a bottle of wine and threw at Brandon's face. It turns out that Brandon is a police officer trying to have fun at a nightclub. In this case, Felipe could not be charged of battery on a public official, since Felipe did not know that Brandon was a police officer and also Brandon was not on duty.