Penal Code 243(b) is battery on a peace officer (or firefighter, EMT, or other protected personnel) engaged in their duties, when you knew or should have known their status.
It is a misdemeanor up to a year; if an injury results, PC 243(c) makes it a wobbler.
What PC 243(b) Says
PC 243(b) is a battery — any willful, unlawful touching — committed against a peace officer, custodial officer, firefighter, or EMT who was engaged in the performance of their duties, where you knew or reasonably should have known their status. The contact bar is low: even minor contact during an arrest can be charged.
Penalties
PC 243(b) is a misdemeanor carrying up to one year in county jail and/or a $2,000 fine. If the battery causes an injury, PC 243(c) makes it a wobbler that can be charged as a felony, and the fine for a peace-officer victim rises to $10,000.
Defenses
- The officer was not lawfully performing a duty — an unlawful arrest or excessive force. This ties directly to resisting defenses.
- Self-defense against an officer using excessive force.
- No willful touching — reflex or accidental contact is not battery.
- You did not know the person was a peace officer. Judicial diversion (PC 1001.95) may resolve an eligible case.
Frequently Asked Questions
Is battery on a peace officer a felony or a misdemeanor?
Battery on a peace officer under PC 243(b), with no injury, is a misdemeanor carrying up to one year in county jail and/or a $2,000 fine. If an injury results, PC 243(c) makes it a wobbler that can be charged as a felony.
Does the contact have to cause injury for a PC 243(b) charge?
No. PC 243(b) requires only a willful, unlawful touching of a protected officer engaged in their duties — no injury is needed, and even minor contact during an arrest can be charged. Injury elevates the offense to PC 243(c).
What are the defenses to battery on a peace officer?
That the officer was not lawfully performing a duty (an unlawful arrest or excessive force), self-defense against excessive force, no willful touching (reflex or accidental contact), or that you did not know the person was a peace officer.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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The contact bar on 243(b) is low and the charge often overreaches. Tell me what happened and I'll tell you where it's soft.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com