PC 243.1: Battery on a Custodial Officer

Legal Definition:

PC 243.1: “When a battery is committed against the person of a custodial officer as defined in Section 831 of the Penal Code, and the person committing the offense knows or reasonably should know that the victim is a custodial officer engaged in the performance of his or her duties, and the custodial officer is engaged in the performance of his or her duties, the offense shall be punished by imprisonment pursuant to subdivision (h) of Section 1170.”

For a person to be convicted of a violation of PC 243.1 the prosecution must show that:

1. You committed a battery upon a custodial officer;

2. When you acted, the person assault was lawfully performing their duties as a custodial officer;

3. When you acted, you knew or reasonably should have known, both that the person was a custodial officer and that they were performing their duties as a custodial officer;

AND

4. You did not act in Self Defense or Defense of a Third Party.

What does this mean?

A battery is any willful and unlawful use of force or violence upon the person of another. A custodial officer is someone who works for law enforcement of a city or county, and is responsible for making custody of prisoners, and helps operate a local detention facility. In other words, it is the person who works in a jail, after you are being detained or arrested.

Another example of a battery is non-consensual touching. Hitting another person is a battery. Thus, the charge here occurs when you commit a batter against a person working in a jail facility as a custodial officer.

Penalties

A battery on a custodial officer is a felony offense. If you are convicted of this charge, you can be sentenced to upwards of 16 months, 2 or 3 years in a County Jail Prison. You would be required to serve at least 50% of that time in custody. PC 243.1 is not a strike offense under the Three Strikes Law, and it is also not a charge requiring Sex Registration under PC 290. You would likely face a loss, suspension, or revocation of your professional license. You could also face immigration consequences if you are a non-US Citizen living in the United States, since this may be considered an aggravated felony under Federal Law. Also, keep in mind, most often this offense happens when you are being arrested or already in police custody for a crime. Thus, these charges are added to whatever crime led you to be in contact with a custodial officer in the first place. In other words, you wouldn’t be charged with this crime at the grocery store, since a custodial officer will not be in the performance of their duties while shopping for groceries.

Common Defenses

1. Statute of Limitations

2. Insufficient Evidence

3. Violation of Rights

4. Self Defense

If the custodial officer was not acting in their duties, for example, if they were making an illegal arrest of you or a loved one, then you could not be found guilty under this section for battery on a Custodial Officer. Of course, this is not an invitation to attack custodial officers if they are arresting you, but it can be a defense down the line if that’s what the officer was doing. This would show that there is insufficient evidence to find you guilty of the crime.

Further, if you are acting in the defense of others, then you cannot be found guilty under this section. For example, if you see a custodial officer arresting another, and you see the officer is potentially killing the other person, and you interfere by pushing the police officer off of the person being arrested to save them, you would not be guilty under this section either. However, if the officer makes a statement to you that you find offensive, no matter how offensive the words may be, it is NOT a defense to attack and assault the police officer for their words alone.

Call Today

When facing charges that involve battery on custodial officers, the stakes couldn’t be higher. Given the nature of the victims—police officers—prosecutors tend to pursue these cases with unyielding rigor. This often results in an aggressive push for maximum penalties, leaving defendants feeling overwhelmed by the force of the legal system against them.

Why Inland Empire Defense Stands Out:

• Specialized Experience: Our PC 243.1 Ontario attorney is not just experienced but has a proven track record of successfully defending cases that involve battery on custodial officers. This specific focus equips us with the insights and strategies necessary to navigate the complexities of your case effectively.
• Aggressive Defense: Understanding the heightened prosecutorial efforts in such cases, we mirror this with a defense strategy that is equally vigorous and meticulously planned. We’re committed to safeguarding your freedom and ensuring that your side of the story is heard and respected.
• Round-the-Clock Support: The initial shock and uncertainty following a charge can be daunting. That’s why we’re here to answer your questions and provide guidance 24/7, ensuring you never feel alone in your defense journey.

Protecting Your Future

Facing charges under PC 243.1 doesn’t mean giving up hope. With the right defense team, you can challenge the accusations against you and work towards a more favorable outcome. Inland Empire Defense is dedicated to providing you with the aggressive legal representation you need during this critical time.

Begin Your Defense Today

The importance of acting swiftly and securing experienced legal representation cannot be overstated. Contact Inland Empire Defense today for a free initial consultation. Let us take the weight off your shoulders and embark on a defense strategy designed to protect your rights and future. Dial 909-939-7126 to connect with our team. Our Ontario, CA office is strategically located to serve you best.