San Diego Criminal Lawyers Blog
Let’s say you were alarmed when police approached you unexpectedly. As they attempted to arrest you, in your confusion, you reacted based on your instinct to try to get away. In hindsight, you recognize that you made some decisions that were less than perfect, but that awareness is not going to help you with the charges you are now facing. In addition to resisting arrest, you have been charged with battery. A strong local criminal defense attorney is what you need at this point.
What is Battery?
Battery is any willful, illegal physical contact with someone else that is harmful or offensive. It is not just a couple of teenagers horsing around and winding up injured, or athletes getting roughed up on the basketball court. It is intentionally shoving someone to the ground, punching someone in the nose, or otherwise purposefully hurting them.
A “Wobbler”
The charge of battery of a protected person, which includes health care workers, school employees, sports officials, transit operators, taxi drivers, utility workers, and, of course, peace officers, can be harsher than when battery occurs against, say, a neighbor. The term ‘peace officers’ is a large umbrella, including people who work in corrections, firefighting, the judiciary, and police. Depending on the outcome of the event, charges of battery against any peace officer–police officer, in this case– may have different penalties than when a protected person is not harmed. That is because it is a “wobbler,” meaning prosecutors have the ability to up the charges in these circumstances.
While battery is a misdemeanor and penalties do not usually exceed six months behind bars and a $2,000 fine, when a protected person, such as a police office,r is the victim, the charge can be bumped up to a felony, which could mean a full year in jail on top of the $2,000 fine—and that is if no injuries occurred. If the officer suffers great bodily harm, a conviction could result in years behind bars and $10,000 in fines.
To be clear, an assault of an officer does not necessarily have to be a forceful event like a slap, kick, or punch. Throwing something at an officer, spitting on them, touching them angrily or rudely could all be charged as battery against a protected person.
Defending Charges
A suitable defense examines the situation in question and explores the following issues:
- Were the defendant’s actions intentional?
- Was the defendant acting in self-defense?
- Was the officer on duty at the time of the incident in question?
- Did physical contact truly occur, or was it merely a verbal altercation?
- Were any injuries sustained by the officer the result of an actual battery, or did they occur in some other context?
- Would lesser charges, or no charges at all, be more suitable?
Fighting for You
The dedicated criminal defense attorneys at Boertje & Associates believe that every defendant deserves a vigorous defense, regardless of the charges they face. To discuss your situation, schedule a confidential consultation in our San Diego office today.