California Penal Code 243(b)/(c) – Battery on a Peace Officer

Overview

California Penal Code 243(b) and 243(c) make it a crime to commit battery against a peace officer or other protected public official while they are performing their lawful duties. The offense becomes more serious—and potentially a felony—if the officer suffers an injury.

These charges often arise from chaotic or emotional situations, and police reports tend to favor the officer’s version. At Jones Trial Attorneys, we challenge the narrative, examine use-of-force, and fight to ensure one moment doesn’t define your future.

Legal Definition

PC 243(b) applies when:

You commit battery on a peace officer or other protected official while they are lawfully performing their duties.

PC 243(c)(2) applies when:

You commit battery on a peace officer and injure them in the process.

Protected officials include:

• Police officers

• Firefighters

• EMTs

• Security guards

• Custodial officers

Elements of the Crime

To convict someone of battery on a peace officer, the prosecution must prove:

1. You willfully and unlawfully touched the officer in a harmful or offensive way;

2. The person was a peace officer or protected official;

3. You knew or reasonably should have known they were an officer;

4. They were lawfully performing their duties at the time; and

5. For PC 243(c), that the battery caused injury.

Penalties for Battery on a Peace Officer

Under PC 243(b) (no injury):

• Up to 1 year in county jail

• Misdemeanor probation

• Fines up to $2,000

Under PC 243(c) (with injury):

• Wobbler – may be charged as misdemeanor or felony

• Felony: 16 months, 2, or 3 years in jail

• Formal probation and restitution

• Loss of gun rights if convicted of felony

Sentencing enhancements may apply if the victim was a senior officer or if the conduct was gang-related.

Defenses to PC 243(b)/(c) Charges

We’ve successfully defended battery on officer cases through body cam evidence, witness testimony, and deep review of police use-of-force policies. Common defenses include:

• Self-defense – You were reacting to excessive force by the officer

• Accidental contact – The touching was unintentional during a chaotic encounter

• False or exaggerated accusation – To justify use of force or arrest

• Officer not acting lawfully – The officer’s actions were outside the scope of duty

• Lack of knowledge – You didn’t know the person was a peace officer

We also file early motions to reduce felonies to misdemeanors and challenge injury claims.

Immigration and Employment Consequences

These charges—especially PC 243(c)—can have serious immigration and licensing consequences, including:

• Deportation or inadmissibility

• Loss of state licenses (nursing, law enforcement, security)

• Barriers to employment involving trust, care, or safety

We fight to protect your professional and immigration future—not just your freedom.

Related Offenses

• PC 69 – Resisting an Executive Officer

Felony version involving threats or force

• PC 148 – Resisting Arrest

Misdemeanor interference with officers

• PC 242 – Simple Battery

Charged when the victim is not a public official

How Jones Trial Attorneys Can Help

Battery on a peace officer charges are highly subjective and often based solely on officer accounts.

We move fast to obtain body cam footage, incident reports, medical records, and any witness statements that support your side of the story. If you were wrongfully arrested—or just caught up in a high-pressure moment—we’ll make sure the court knows it.

💼 Free consultations

⚖️ Trial-tested representation

📍 Local San Diego firm with deep courtroom experience

Talk to a Criminal Defense Attorney Today

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.