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What Is PC 243(b) / Battery On A Peace Officer / Medical Personnel In Riverside Or Orange County?

Posted in Assault FAQ'S on February 4, 2015

What is PC 243(b) / Battery on a Peace Officer / Medical Personnel?

PC 243(b) is commonly known as Battery on a Peace Officer or Medical Personnel in California.

To prove that a defendant is guilty of PC 243(b) the prosecutor must prove four things:

(1) That the person battered was a peace officer or medical personnel performing his or her legal duties;
(2) The defendant willfully and unlawfully touched the peace officer or medical personnel in a harmful or offensive manner;
(3) When the defendant acted, he/she knew, or reasonably should have known, that the peace officer or medical personnel was performing his or her duties;
AND
(4) The defendant did not act in self-defense or defense of someone else.

The slightest touching can be enough to commit a misdemeanor battery on a Peace Officer or Medical Personnel if it is done in a rude or angry way.
Battery
Making contact with a Peace Officer or Medical Personnel, including through his or her clothing is enough.

The touching does not have to cause pain or injury of any kind.

The touching can also be done indirectly by causing an object to touch the person.

If you or a family member has been arrested for PC 243(b) / Battery on a peace officer / medical personnel , call me at (951) 667-5293 if you live in Riverside County or (714) 758-5293 in Orange County.