Battery on a Police Officer Laws in California

Can I Be Charged with Battery on a Police Officer?

Battery on a Police Officer Laws in California

California provides an additional degree of protection to police officers and other peace officials through a separate law that specifically prohibits battery against police officers. However, this crime can only be committed against a police officer engaged in their official duties.

Dealing with law enforcement is fraught with risks, so if you are in a situation where you are close to officers, be wary. Whether during a protest, traffic stop, or interaction in your neighborhood, touching a police officer can land you in jail.

What Is Battery on a Police Officer?

To convict you of the crime of battery on a peace officer, a California prosecutor must prove all of the following elements:

  • You willfully and unlawfully made contact with the victim.
  • Your contact was made in a harmful or offensive way.
  • The victim was a protected peace officer, such as a cop, engaged in their official duties.
  • You knew or reasonably should have known the victim was a peace officer undertaking official business.

In addition to police officers, other protected peace officers that fall under this law include:

  • Firefighters
  • Emergency medical technicians
  • Highway Patrol Officers
  • Probation officers
  • Custodial officials
  • Process servers
  • Private security guards

So, the list of people protected by the law prohibiting battery of a peace officer is much broader than just police. Especially during emergencies or protests, be on alert regarding how you treat those people around you.

Note that the prosecutor must prove that you must knew or reasonably should have known that the victim of the battery was a peace officer who was doing official work. This means that contact with an undercover or off-duty officer generally cannot lead to battery charges.

For example, imagine your neighbor is a police officer in the next city over, and you argue over a tree on your property line. Though your shove of the neighbor may be a battery, because they were not in the line of duty, you will not be charged with battery on a peace officer.

What Is Considered a Harmful or Offensive Touch?

To commit a battery, you must unlawfully touch another individual in a harmful or offensive manner. The law does not criminalize all touching, but even the slightest contact with a police officer can result in criminal charges against you.

To be a harmful or offensive touch, it must be done rudely or angrily. Battery laws do not criminalize only violent contact that results in injury. Instead, because offensive touching is outlawed, making even the smallest amount of deliberate contact with another person’s private parts or face can be a battery.

Likewise, the victim does not have to suffer an actual injury or harm. A shove or push that brushes the peace officer can be enough to end up with you charged for battery. Additionally, you can commit battery indirectly by touching someone else with an object like a bat, stick, or pole.

Penalties for Battery on a Police Officer

California law makes battery on a peace official a misdemeanor charge unless the officer suffers a physical injury that requires medical attention. As a misdemeanor, the maximum punishment if you are convicted includes up to one year in county jail and a $2,000 fine.

However, if the police officer does suffer actual physical harm, you could face felony charges. The severity of the charges will depend on the facts of the case, how injured the officer was, and your criminal history. If the police officer requires medical attention, the top sentence is three years in jail and a $10,000 fine.

Have you been accused of battery on a police officer in Glendale, California? The skilled criminal defense attorneys at Chambers Law Firm can help. Schedule a free initial consultation today by calling 714-760-4088 or emailing dchambers@clfca.com.

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