Description

To be charged with the crime of Battery on a Police Officer the act must be willful, meaning the accused intended to carry out the act. The statute includes all disciplines including a peace officer, custodial officer, firefighter, EMT, lifeguard, security officer, custody assistant, process servicer, code enforcement officer, animal control officer, search and rescue member engaged in the performance of his or her duties. The officer must be engaged in the performance of their duties for the charge of Battery on a Police Officer to apply. The prosecution must prove that the force was willfully inflicted and does not include acting in self defense. Examples of Battery on a Police Officer are throwing a beach ball at the head of a life guard or causing an accident that involves a police car or slapping or shoving an officer during an arrest.

What does the prosecutor have to prove?

Felony: 1. Defendant committed battery upon the person of a custodial officer, firefighter, or any other person.
2. An injury was inflicted on Victim.
3. At the time the custodial officer, firefighter or any other person was engaged in the performance of his or her duties.
4. Defendant who used the force or violence knew or reasonably should have known that the other person was: (a) a custodial officer, firefighter or other. (b) engaged in the performance of his or her duties.
Misdemeanor: Eliminate element of injury (2). [Cal Crim No. 945]

Punishment

“Felony: 16 months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?Yes
Is this charge a strike?May
Is this charge a “serious felony”May
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?May
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?Yes
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?May
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No