Legal Definition of Battery
Battery is any willful, unlawful use of force or violence on another person. any harmful or offensive touching. Technically under California law any physical force against another person, even though it leaves no mark and causes no pain or bodily harm; the slightest touching, if done in a rude, insolent, is a battery.
Battery On A Police Officer – Penal Code Section 243(b)
When a battery is committed against a police officer, in the performance of his or her duties, whether on or off duty, and the person committing the offense knows or reasonably should know that the victim is a peace officer, the battery is punishable by a fine not exceeding $2,000, or 1 year in the county jail, or both.
Battery On A Police Officer Causing Injury – Penal Code Section 243(c)(2)
When the battery causes an injury against a police officer engaged in the performance of his or her duties and the person committing the offense knows or reasonably should know that the victim is a peace officer, the battery is punishable by a fine of not more than $10,000, or 1 year in the county jail or 16 months, or two or three years in the county jail, or by both that fine and imprisonment.
Battery on a police officer causing injury – Penal Code Section 243(c)(2) – can be a misdemeanor or a felony.
Penal Code Section 243(f)(5) states: “Injury” means any physical injury which requires professional medical treatment.
If the officer used unreasonable or excessive force, you may use reasonable force to defend yourself or another person.
If you have been arrested for battery on a police officer, contact The Law Office of Richard Wagner for Free Consultation (714) 403-6317.