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Back Battery on a Peace Officer by Darren Kavinoky Battery on a Peace Officer The crime of battery occurs with the striking of someone, with intent to harm them. . California Penal Code Section 242 states, ¡§A battery is any willful and unlawful use of force or violence upon the person of another.¡¨ It is a crime to commit a battery against a peace officer, whether they are on duty or off duty. A peace officer includes the following classifications: „X Sheriff or Deputy Sheriff „X Any chief of police „X Any police officer „X Any marshal or deputy marshal of a municipal court „X Members of the CHP whose job it is to enforce the Vehicle Code The punishment for battery increases when it is committed against a peace officer. In order to qualify, the defendant must have reason to know that the officer is a peace officer, and is engaged in the performance of his duties, such as when they are in uniform or while they are performing in a private capacity as a part-time or casual private security guard or patrolman. Battery against a peace officer is punishable by either a fine of up to $2,000 and/or imprisonment in the county jail for up to one year or a fine up to $10,000 and/or imprisonment in the county jail up to one year or in the state prison for a term of 16 months, 2, or 3 years. If the battery committed results in serious bodily injury, the battery is punishable by either imprisonment in the county jail up to one year, or in the state prison for 2, 3, or 4 years. Serious bodily injury is defined by following conditions: loss of consciousness, concussion, bone fracture, protracted loss or impairment of function of any bodily member or organ, a wound requiring extensive suturing, serious disfigurement, plus others deemed to be serious bodily injury on a case-by-case basis. Defenses While battery is a crime, there are available defenses, such as self-defense in a case where a police officer is using unlawful excessive force. Self-defense requires a reasonable response to a threat and/or the use of force. The type of reasonable response allowed is that defense which is reasonably necessary to prevent an injury which appears imminent. The standard is that of a reasonable person, in the same or similar circumstances, determining the situation the same way. The duty to prove that the officer was responding reasonably is up to the prosecutor. Their burden is that of ¡§beyond a reasonable doubt.¡¨ A jury of one¡¦s peers, which is generally made up of a cross-section of the society where the offense took place, are the one¡¦s who determine if the prosecutor has proved their case beyond a reasonable doubt. If the jury determines that the prosecutor did not adequately prove their case, they must make a finding of not guilty. Author's Biography: If you stand accused of a crime in or around Los Angeles, Ventura, Orange, Riverside, San Bernardino, San Diego, or San Francisco Counties in California, you can entrust criminal defense attorney Darren Kavinoky to provide the expert legal advice needed to solve your problem.
The Kavinoky Law Firm is delighted to announce that criminal defense lawyer Darren T. Kavinoky has been named a Super Lawyer Rising Star in the September, 2005 issue of Los Angeles Magazine. Additionally, Darren was featured in NEWSWEEK.
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