Criminal Defense Lawyers

Los Angeles Battery On A Peace Officer Lawyers

Battery on a Peace Officer Penal Code

California’s Penal Code includes two sections covering Battery on a Peace Officer: 243(b) and 243(c) PC. The definition of the crime is: “Willfully and unlawfully touching a peace officer or other protected official in a harmful or offensive manner, while the officer is engaged in the performance of his/her duties.” The logic behind these laws is clear: Our peace officers have a job to do and interfering with that job is a serious crime. It could result in loss of life, even if you fail to harm the officer in question.

When someone is charged with this crime, they are rightly alarmed and should immediately seek the advice of a lawyer. The stipulation of violating this part of the penal code is that you should have “reasonably” known that the victim was a peace officer at the time of the crime.

What is a Peace Officer?

We generally know that a police officer is a police officer. What you might not know is that they also include:

– Firefighters
– Probation department workers
– Process servers
– EMTs
– Nurses and doctors in the process of providing emergency care

Penalties

If you’ve been charged with violating either applying section of 243, you’re looking at two potential sentences:

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

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2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

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2024-03-12

Very professional, very transparent, over all a great experience

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2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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1. $2,000 fine and up to a year in jail or both
2. $10,000 fine and 16 months, two, or 3 years or both

Punishments are laid out in Section 1170, and this is the one you need to familiarize yourself with, as it’s the description of your potential punishment for violating this part of California’s penal code. Both charges are serious and could yield jail time. Only a good lawyer can help you avoid this fate.

Some examples of this crime include:

– Scratching a police officer during an arrest (yours)
– Punching a parole officer
– Attacking an EMT while they’re trying to help you

The majority of these cases result in a misdemeanor charge, but you can also be charged with felony battery of a peace officer, and the consequences for this crime are more severe and include prison time. The potential for a felony charge begins when the harm you do to the peace officer requires them to seek medical treatment. As a wobbler offense, the prosecution can make it a felony or misdemeanor. If it’s serious enough, it could result in up to 3 years in county jail, a miserable plight for any defendant to anticipate.

Legal Defenses For This Type of Battery

There is a whole slew of defenses that your lawyer will have at his disposal, including but not limited to:

– Self-defense (saying you acted in self-defense against the peace officer)
– Lack of willfulness in your actions
– Lack of reasonable knowledge that the person was even a peace officer

These three defenses remain three of the most prominent and have yielded successful results for defendants in the past. If you’ve been charged with this crime, there’s a great chance that your lawyer will be able to get a more desirable outcome for you. Without an attorney, fighting a charge like this can be nearly impossible. The state of California takes this crime very seriously, as you are attacking people who save lives and protect lives on a daily basis, so they will aggressively pursue the charges. Without a lawyer, you might not be able to beat the charge or have it reduced to a lesser offense.

Call Today

A lawyer can help you avoid the most serious of consequences in this serious charge, and in some cases, they can even have the charges against you dismissed. At the very least, they can negotiate a plea arrangement that will keep you out of jail and give you another chance to get any help you might need. And if you’re completely innocent, they will aggressively fight for your rights and make sure that you have the best legal representation possible against unfair charges. Defense attorneys are trained to fight for justice, but they can’t fight for you unless you call. Call today to get the help you need.