I. PC 149: Assault by Officers under Color of Authority Laws

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Legal Definition: “Every public officer who, under color of authority, without lawful necessity, assaults or beats any person, is punishable…”

For a person to be convicted of a violation of PC 149, the prosecution must show that:

1. You are a public officer;

2. You assaulted or beat another person;

3. When you did this, you were acting as a public officer;

AND

4. You did this without lawful necessity.

II. What does this mean?

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Lawful necessity would mean the officer is acting as a police officer at the time of the “fight” with another person but is acting under self-defense, for example. Police officers who are attacked by another, do not have to sit back and allow that to happen without defending themselves. If a police officer is acting in self-defense or defense of others, then they would be acting under lawful necessity.

However, if a police officer, decides to show up at a location in full uniform, and decide to get into a fistfight with another present, without lawful necessity, they could be found liable for a crime here. Because police officers are held to a higher standard, this is something more complicated than a simple Battery under PC 242.

III. Penalties

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Assault by an officer under color of authority is a misdemeanor only offense in California. If convicted, you could be sentenced to upwards of one year in County Jail. You would be required to serve at least 50% of that time in jail. You would also be subject to fines of up to $10,000 for a conviction. A conviction could also include civil penalties if you injure the other person severely requiring medical attention in the form of Restitution. PC 149 is not a strike offense under the Three Strikes Law, and it is also not a charge requiring Sex Registration under PC 290. If you are convicted of PC 149, you could likely face a loss, suspension, or revocation of your professional license as well as the loss of your position as a Police Officer. You could also face immigration consequences if you are a non-US Citizen living in the United States.

IV. Common Defenses

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1. False Allegations
2. Insufficient Evidence
3. Violation of Rights
4. Self-Defense

As state above, each person has the right to defend themselves against an attack. Public Officers are no different. It would be insane for a person to allow another to beat them up, simply because if they defend themselves, they could be charged under PC 149. If a police officer is acting under lawful necessity including self-defense, then that person would not be found guilty for this charge. Self-Defense would be an affirmative defense to the charges.

Another possible defense could be the defense of false accusations. Some times a person may being arrest by police, and claim the officer was too rough or mean to them, and then reported them for committing a battery against them. Other times, a person can falsely accuse the officer of wrongdoing because they dislike cops, or have a vendetta against them. If you are able to show that the allegations against you are false, then that can act as a defense to prove you did not violate this section.

V. Call Today

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