What Types Of Defenses Can An Attorney Use If You Are Facing Charges In Riverside County or Orange County For Battery Against a School Employee (PC 243.6)?

Posted in Assault FAQ'S on April 1, 2015

Battery Against A School Employee Lawyer In Riverside & Orange County

First and foremost, a prosecutor must prove each and every element of their case beyond a reasonable doubt to a jury.

Typically, PC 243.6 defenses fall into one of four categories:
1. False Allegations: False allegations are common with Battery Against a School Employee charges. Often the person making the false allegations does so because they are worried about their own responsibility for the confrontation. Other times, things like jealousy or anger can be enough to motivate a person to make false statements and allegations. Each case is different, and false allegations can often be attacked through conflicting evidence and proper cross examination of the witness.
2. Accident: The prosecutor has to prove that the Battery Against a School Employee 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 school employee to scare them but not intending to hit them.

If the rock hit that person, you would be technically guilty of Battery Against a School Employee under that fact pattern.

3. Self-Defense: Another common scenario in which Battery Against a School Employee comes up is in a scenario where it is unclear who the initial aggressor is. Frequently, the party responsible for starting the physical altercation will deflect blame and not clearly detail their role as the aggressor or instigator, claiming to be the victim. This is because they are aware of their own potential criminal liability.

The right to self-defense means that you have the right to defend yourself when faced with grave, imminent danger 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.
4. Mistake: The prosecutor must prove that when the Battery occurred, you knew or reasonably should have known that the person was a school employee AND that the school employee was performing his or her legal duties. If you didn’t know that the person was a school employee OR that he/she 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.

If you, or a family member has been arrested for Battery Against a School Employee (PC 243.6), call me at (951) 667-5293 or (714) 758-5293 for a Free Consultation.