Los Angeles Battery of a Peace Officer Lawyers
Battery of a peace officer is a serious charge, and you have the right to retain a defense lawyer. Werksman Jackson & Quinn LLP may achieve a reduction or dismissal of your charges.
When you hire a Los Angeles battery of a peace officer lawyer from our firm, you hire the entire firm. We can use all our resources to build your defense.
California Penal Code Section 242 defines “battery” as “any willful and unlawful use of force or violence upon the person of another”.
California Penal Code Sections 243(b) and 243(c)(2) detail the specific offense of battery of a peace officer. These statutes present several examples of “peace officers,” including:
- A police officer who is in uniform
- A police officer who is not in uniform but is on-the-job
- A police officer operating in a private capacity as a private security guard or patrolman
A peace officer is generally synonymous with a law enforcement officer. The statutes listed above do not only cover peace officers. Probation officers, code enforcement officers, and process servers are also part of a legally protected class. When someone allegedly assaults these parties, they may face more serious criminal charges.
A Peace Officer Must Be “Engaged in the Performance of Their Duties”
Key language in statutes on the battery of a peace officer includes “engaged in the performance of his or her duties.” A peace officer must be operating as a peace officer in order for the criminal charge of battery of a peace officer to apply. The person accused of this crime must also have known or “reasonably” have known that the victim was a peace officer.
Our firm may be able to prove that you did not know the alleged victim was a peace officer. We may similarly argue that the peace officer was not engaged in the performance of their duties.
Definitions of a peace officer “performing their duties” may vary from case to case.
The legal penalties for battery of a peace officer are greater than those for simple battery.
California Penal Code Sections 243(a) explains that “A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.”
By contrast, the potential penalties for battery of a peace officer are:
- A fine not exceeding $2,000
- Imprisonment in county jail not exceeding one year
- Both the fine and a period of imprisonment
The greater length of possible imprisonment is the key. It makes the charge of battery of a peace officer significantly more serious than a charge of simple battery.
In California, the state may prosecute battery of a peace officer as either a misdemeanor or felony. If it pursues your charge as a felony and achieves a conviction, then your punishments may include:
- Up to three years in a California state prison
- Fines of up to $25,000
- A combination of fines and imprisonment
The state will consider aggravating factors when filing your case. You may face a felony charge if the peace officer suffered an injury.
If you are accused of a violent crime, handling your defense on your own can be overwhelming.
Our firm may defend you by arguing that:
- The peace officer did not make their status as a peace officer known.
- The peace officer was not on-duty.
- Your actions do not qualify as battery.
- You did not intend to commit battery on anyone or on the peace officer in particular.
Our firm can craft a defense based on the facts of your case.
Our firm can handle your entire defense until your case is resolved. If necessary, a Los Angeles battery of a peace officer lawyer from our team can lead your appeal.
If we take on your case, our team may:
- Initiate contact with the prosecutorial team
- Conduct an independent investigation of your case
- Gather and present evidence that suggests your innocence or supports our legal strategy
- Oversee every step of your case
- Seek a reduction or dismissal of your charges
We have successfully defended other clients from serious charges. Our firm’s case results include:
- An acquittal in a federal case involving alleged drug trafficking
- An exoneration of a client accused of assault and kidnapping
- A dismissal of charges for a client accused of murder
Our firm is comfortable handling the most high-stakes of cases. We understand the legal nature of the charges that you face, and we can take the weight off your shoulders by providing representation.
Client Testimonials Tell the Story of Werksman Jackson & Quinn LLP
Our client testimonials can give you insight into working with our law firm:
“Perpetually impressed by the professionalism, thoroughness, follow-through, and expertise…” - Dru S.
“Having Alan Jackson as my lead attorney on 3 separate cases (one felony, and two misdemeanors) was the best decision of my life. I was facing 6-8 years in prison, and he was able to have all three charges dismissed.” - Anonymous
“Extremely professional, well-liked in the court system and respected amongst all legal professionals.” - S.F.
We want every client to have such positive impressions of our firm.
We offer a free initial consultation. A team member can explain our services further and answer your questions. Call Werksman Jackson & Quinn LLP today at (213) 688-0460.
When one of us represents you, we all represent you.
Recent Case Results
- Complete Dismissal of Molestation Charges
Attorney Mark Werksman’s 29 year old client was falsely accused of molesting two neighborhood children and was subsequently charged with felony child molestation, with a significant prison sentence hanging over his head should he be convicted. Instead, at the preliminary hearing Werksman was able to convince the court to grant his client a complete dismissal of any charges.
- Decision Set Aside
Client, a college student in a faulty Title IX case, was awarded $130,000 in attorney fees.
- Probation with No Jail Time for Drug Money Laundering Charge
Wilmington man accused in New York federal court of laundering drug money through the sale of laptop computers. Mark was able to get the case transferred to federal court in Los Angeles, where he convinced the United States Attorney to reduce the charges. His client was sentenced to probation with no jail time on a misdemeanor conviction.