PC §101(C) - BATTERY ON A LEO W/ SERIOUS INJURY

(1) "Law Enforcement Officer (LEO)" shall mean any person employed by a governmental agency or subdivision thereof who is responsible for the prevention, detection, or investigation of crime, the apprehension of offenders, or the enforcement of the criminal laws of this jurisdiction.
(2) "Battery" shall mean any willful and unlawful use of force or violence upon the person of another.
(3) "Serious Injury" shall mean any physical injury which creates a substantial risk of death, causes serious disfigurement, or results in prolonged impairment of health or bodily function.

To prove battery on a law enforcement officer, the prosecution must establish the following elements beyond a reasonable doubt:

The defendant intentionally touched or made physical contact with a law enforcement officer.
The touching was harmful or offensive to the law enforcement officer.
The law enforcement officer was performing their official duties at the time of the offense.
The defendant's actions were unlawful and without legal justification or excuse.
The defendant actually caused serious physical injury as outlined in PC 101(C) definition.

Defenses to a charge of battery on a law enforcement officer may include, but are not limited to:

Self-defense: The defendant reasonably believed they were in imminent danger of bodily harm and used force to defend themselves against the officer.
Lack of intent: The defendant did not intend to harm the law enforcement officer.
Mistake of fact: The defendant reasonably believed that their actions were justified.

Aggravating factors may increase the severity of the offense and the potential penalties, including but not limited to:

Prior convictions for battery on a law enforcement officer or other violent offenses.
Use of a deadly weapon or instrumentality in the commission of the battery.
Infliction of serious bodily injury on the law enforcement officer.

Penalties

Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:

240 SECONDS OF JAIL TIME.

$200,000.00

Last updated 5 months ago