Battery against a police officer is a serious charge. The highly qualified and experienced attorneys at the Law Offices of Veronica Guzman are here to help you defend yourself. If you have been arrested in Long Beach, California for a battery charge contact our office today so we can start building your case.
The use of unlawful and willful violence or force against a police officer or other person is against the California battery law. In some cases, very little has to be done for you to be accused of assaulting an officer. In many states, spitting is considered to be a severe violation due to the possibility of the officer contracting AIDS/HIV or another illness that is transmitted by saliva. If you violently attack a firefighter or police officer, your charges will be much more severe and incur harsher penalties.
In some situations, individuals can be falsely accused of this crime. It is easy for a police officer to allege this type of behavior, especially if the defendant fights back or resists arrest. When a person is wrongly accused, it is sometimes only their word against that of the police officer which can result in a person being wrongfully prosecuted. Help is available, however. At our office, we not only understand how this crime occurs, but what we can do to help alleviate the situation.
Getting Legal Advice and Counsel
If at any point, you are charged with this type of violent crime, you should ask for a criminal defense attorney as soon as possible. Attacking a police officer or fire fighter is a serious charge. Convictions can result in lengthy probation, jail or prison time. A person will also have to deal with hefty fines, and the addition of new charges to their criminal record. The criminal defense attorneys at the Law Offices of Veronica Guzman are extremely knowledgeable when it comes to this type of case. They can offer you the advice you need to help you get through the court system and achieve a positive outcome.
Proving Battery Against a Police Officer
If the prosecutor plans on convicting the defendant of the charge of battery against a police officer, they must prove the following:
•The defendant caused injury to the officer who was performing their duties
•The defendant was well aware that the person being attacked was a police officer or firefighter
Law Enforcement Officers
In many states the term “law enforcement officers” pertains to several different types of law enforcement officials. They include:
In some cases, city officials such as process servers attorneys general, city and district attorneys, building inspectors and employees of the wildlife department are also included in this broad category.
In order to qualify as a battery charge, the defendant had to have intent when he committed the crime. This can include anything from the slightest touch, to spitting to a direct hit on any part of the officer’s person. The defendant must also have the knowledge that the person being attacked is a police officer. When the defendant does not possess this knowledge, there is no intent to batter a law enforcement officer and the charges will be dropped. The charges will also be dropped if the officer was not performing his sworn duties at the time of the attack.
Punishment for Battery Against an Officer
The circumstances of the crime will determine the punishment. The penalties can range in severity and may include the following:
Restitution to the officer for any injuries that were incurred
Monetary fines that could exceed a thousand dollars or more
The severity of the battery charge will determine the fines and amount of time spent in jail. A misdemeanor charge can be punished by up to one year in jail, while a felony could result in prison time that lasts a year or more. If serious injuries were received, the defendant could end up spending any where from 5 to 25 years behind bars.
Choosing An Attorney
Contact the Law Offices of Veronica Guzman at 310-987-0127 if you would like to talk to one of our qualified attorneys about a charge that involves battery on a police or peace officer. Our consultations are free and we are here to help you!