As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law.
Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.
Your lawyer should have a passion for defense, not just a passion for money. Reputation, vigor, and determination go a long way in this business.
As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law.
Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.
Your lawyer should have a passion for defense, not just a passion for money. Reputation, vigor, and determination go a long way in this business.
Posted in Assault FAQ'S on April 1, 2015
PC 243.6 is commonly known as Battery Against a School Employee in California.
To prove that a defendant is guilty of PC 243.6 the prosecutor must prove five things:
1. That the alleged victim was a school employee;
2. That the defendant willfully and unlawfully touched the person in a harmful or offensive manner;
3. When the defendant acted, the person was performing his/her duties as a school employee (or the defendant retaliated against the employee for something the employee did while performing his/her duties).
4. When the defendant acted he/she knew or reasonably should have known that the person was a school employee, and;
5. The defendant did not act in self-defense or defense of someone else.
Making contact with another person, 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.
It is not a defense that the touching occurred off campus or outside regular school hours.
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.