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Posted in Assault FAQ'S on February 4, 2015
Because PC 243(c)(1) 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 $2,000 in fines 3. A 10 year prohibition on firearm ownership / possession pursuant to PC 29805 4. Confiscation/destruction of the…
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Posted in Assault FAQ'S on February 4, 2015
In California, PC 243(c)(1) / Battery on a Custodial Officer / Medical Personnel 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)(1)…
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Posted in Assault FAQ'S on February 4, 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)(1) 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 4, 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 custodial officer or medical personnel sought treatment is a fact to consider in determining whether there is…
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Posted in Assault FAQ'S on February 4, 2015
Someone commits an act “willfully” under PC 243(c)(1) when he or she does it willingly or on purpose. 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)(1) Battery on a custodial officer…
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Posted in Assault FAQ'S on February 4, 2015
What is PC 243(c)(1) / Battery on a Custodial Officer / Medical Personnel with Injury? PC 243(c)(1) is commonly known as Battery on a Custodial Officer or Medical Personnel with Injury in California. To prove that a defendant is guilty of PC 243(c)(1) the prosecutor must prove five things: (1) The defendant willfully and unlawfully…
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Posted in Assault FAQ'S on February 4, 2015
There are various penalties you could face for PC 243(b) battery on a peace officer / medical personnel in Riverside or Orange county, California. If convicted as a MISDEMEANOR, punishment could include: (1) Up to 1 year jail (2) Up to $2,000 in fines (3) A 10 year prohibition on firearm ownership / possession pursuant…
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Posted in Assault FAQ'S on February 4, 2015
No. A misdemeanor conviction under Penal Code 243(b) / Battery on a Peace Officer or Medical Personnel is not a “Strike” under California’s Three Strikes Law. 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…
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Posted in Assault FAQ'S on February 4, 2015
In California, PC 243(b) Battery on a Peace Officer / Medical Personnel is a Misdemeanor. However, if the peace officer or medical personnel is actually injured, it could be charged as a Felony. Also, if there are related possible charges that CAN be filed as a Felony, that is always something a prosecutor can consider.”…
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Posted in Assault FAQ'S on February 4, 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(b) 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…
Read More
