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Posted in Assault FAQ'S on March 10, 2015
Because Battery causing serious bodily injury PC 243(d) can be charged as either a misdemeanor or felony, the sentencing varies considerably. If convicted as a MISDEMEANOR, punishment could include: • Up to 1 year of jail • A 10 year prohibition on firearm ownership / possession pursuant to PC 29805 • Confiscation/destruction of the weapon…
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Posted in General FAQ'S on February 27, 2015
If you have a questions about criminal charges, arrest or procedures, I likely have the answer to your question right here. For your convenience, I’ve added a search function below. Just type your question there and click the search button and every page that applies to that question will load on the screen. Or…. you…
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Posted in Assault FAQ'S on February 9, 2015
It depends. Penal Code 243(c)(2) / Battery on a Peace Officer with Injury is NOT by itself a “Strike” under California’s Three Strikes Law. However, if the injury inflicted is serious enough and determined to be “great bodily injury” then it would be considered a “Strike” under California’s Three Strikes Law. Whether or not an…
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Posted in Assault FAQ'S on February 9, 2015
Because Battery On A Peace Officer or Medical Personnel With Injury (PC 243(c)(2) can be charged as either a misdemeanor or felony, the sentencing varies considerably. If convicted as a MISDEMEANOR, punishment could include: 1. Up to 1 year of jail 2. Up to $10,000 in fines 3. A 10 year prohibition on firearm ownership…
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Posted in Assault FAQ'S on February 9, 2015
In California, PC 243(c)(2) / Battery on a Peace Officer with Injury is a wobbler, meaning it can be EITHER a misdemeanor OR a felony. This decision depends heavily upon the facts, as well as the defendant’s prior criminal history. If you or a family member has been arrested for PC 243(c)(2) battery on a…
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Posted in Assault FAQ'S on February 9, 2015
First and foremost, a prosecutor must prove each and every element of their case beyond a reasonable doubt to a jury. Typically, PC 243(c)(2) defenses fall into one of five categories: False Allegations False allegations are common with Battery charges. Sometimes the person making the false allegations does so because they are worried about their…
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Posted in Assault FAQ'S on February 9, 2015
An “injury” is any physical injury that requires professional medical treatment. The question whether an injury requires professional medical treatment cannot be answered simply by whether or not a person sought or received treatment. The fact that a peace officer sought treatment is a fact to consider in determining whether there is an actual injury….
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Posted in Assault FAQ'S on February 8, 2015
Someone commits an act “willfully” under PC 243(c)(2) when he or she willingly, or on purpose, assaults a police officer or paramedic. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage. If you or a family member has been arrested for PC 243(c)(2) Battery…
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Posted in Assault FAQ'S on February 8, 2015
PC 243(c)(2) is commonly known as Battery on a Peace Officer with Injury in California. To prove that a defendant is guilty of PC 243(c)(2) the prosecutor must prove five things: (1) That the person battered was a peace officer performing his or her legal duties; (2) The defendant willfully and unlawfully touched the peace…
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Posted in Assault FAQ'S on February 4, 2015
It depends. Penal Code 243(c)(1) / Battery on a Custodial Officer or Medical Personnel with Injury is NOT by itself a “Strike” under California’s Three Strikes Law. However, if the injury inflicted is serious enough and determined to be “great bodily injury” then it would be considered a “Strike” under California’s Three Strikes Law. Whether…
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