First and foremost, a prosecutor must prove each and every element of their case beyond a reasonable doubt to a jury.
- False Allegations
False allegations are common with Battery charges.
Sometimes the person making the false allegations does so because they are worried about their own responsibility for the confrontation.
Each case is different, and false allegations can often be attacked through conflicting evidence and proper cross examination of the witness.
- Accident
The prosecutor has to prove that the Battery was willful and unlawful.
True accidents therefore wouldn’t qualify.
However, before asserting an accident defense, it’s important to recognize that the accident has to be reasonable and believable to a jury.
Accident is limited as a defense also to those actions that were not intended at all.
A good example of an accident would be opening a door and the door hitting someone on the other side that you did not know was there.
An example of a case where an “accident” defense would not work is if you threw a rock in the direction of a peace officer to scare them but not intending to hit them.
If the rock hit and injured that person, you would be technically guilty Battery on a Peace Officer with Injury.
- Mistake
The prosecutor must prove that when the Battery occurred, you knew or reasonably should have known that the peace officer was performing his or her legal duties.
If you didn’t know that the peace officer was performing his or her legal duties, and that belief is reasonable, you may have a defense.
However, before asserting a “mistake” defense, it’s important to recognize that the mistake has to be reasonable and believable to a jury.
- The Peace Officer was not performing his or her legal duties.
The prosecutor must prove that at the time the Battery occurred, the Peace Officer was actually performing his or her legal duties.
It does not matter whether the Peace Officer was actually on duty at the time. The specific duties of a Peace Officer depend on the nature of their job.
For example, a Peace Officer is not lawfully performing his or her duties if he or she is unlawfully arresting or detaining someone, or using unreasonable or excessive force.
A Peace Officer is also “performing the duties of a peace officer” if he or she is in a police uniform and performing the duties required of him or her as a peace officer and, at the same time, is working in a private capacity as private security guard.
- The Peace Officer was not actually “injured”
The prosecutor must prove that the peace officer suffered injury as a result of the force used.
An “injury” is any physical injury that requires professional medical treatment.
The fact that a custodial officer or medical personnel sought treatment does not necessarily mean they were injured.
A jury must look to the nature, extent and seriousness of the injury itself in order to determine whether or not an “injury” really occurred.
- Self-Defense
A common scenario in which PC 243(c)(2) Battery on a Peace Officer comes up is in a scenario where the peace officer used unreasonable or excessive force.
If a peace officer uses unreasonable or excessive force while arresting or attempting to arrest or detain a person, that person may lawfully use reasonable force to defend him or herself.
The right to self-defense means that you have the right to defend yourself when faced with unreasonable or excessive force and you believe such force is necessary to defend yourself.
You are only entitled to use that force reasonably necessary to defend against the danger.
If you or a family member has been arrested for PC 243(c)(2) Battery on a peace officer with injury, call me at (951) 667-5293 if you live in Riverside County or (714) 758-5293 in Orange County.
