A battery occurs when a person intentionally makes physical contact with another person that causes bodily harm or is considered inappropriate behavior.
A battery differs from an assault in that an assault is simply an effort to inflict injury. A battery occurs when someone punches another person with the intent to cause bodily damage. Indirect touch, such as throwing something at someone, is also a battery.
To be found guilty of battery, the individual must have intended to make physical contact with the victim; accidental contact does not constitute battery. The intent might be transferred to different victims and sorts of harm.
Is This the Same as Assaulting a Police Officer?
In a criminal law context, assault can be classified as either a general intent offense or a specific intent offense.
When committing the general intent crime of assault (e.g., assault as a threat), assault is often defined as the intent to cause reasonable fear of immediate physical harm. If a person is charged with a specific purpose attack, it is commonly referred to as an intent to commit criminal battery (e.g., assault as an attempted battery).
It should be noted, however, that the above definitions will differ depending on the jurisdiction.
Furthermore, a few states have elected to merge the offenses of assault and battery into a single criminal act in their state criminal legislation.
Regardless of the legal definition, the assaulter does not have to hurt another person to be prosecuted with criminal assault.
As long as they persuade the victim that they are about to be wounded by a violent act more serious than a verbal threat, their actions will most likely be classified as an assault.
If an assault is committed against a police officer, the offense will be recognized as “assaulting a police officer.” The definition of this felony, like that of simple assault, will vary by jurisdiction.
In New York, for example, the assaulter must have committed an assault on a person they knew (or reasonably should have known) was a law enforcement officer, and the attack must have been done to impede the officer from performing a lawful duty.
On the other hand, California law stipulates that the attacker must have knowingly and unlawfully touched someone they either knew or should have reasonably known was police enforcement while conducting their job.
Even if the differences between the two state statutes are minor, they should be discernible.
A small number of states have chosen not to create such a crime. In areas where assaulting a police officer is not a separate felony, the conduct is considered an “aggravating factor” in an assault charge. Aggravating factors are conditions that turn misdemeanor assault accusations into felony convictions, which are far more serious felonies.
Finally, while assaulting a police officer shares many of the same characteristics as simple assault, the fact that it is done against law enforcement increases the severity of the crime (similar to aggravating factors). As a result, a conviction will result in a substantially heavier sentence.
For example, if you are playing recreational baseball and threaten the umpire with your bat while chasing them, you could be punished with assault. If you are also convicted, you may be required to pay criminal fines, serve a one-year or shorter county jail sentence, or be placed on probation.
If, on the other hand, you smash a beer bottle and use it as a weapon to jab at police officers as they are attempting to arrest you, you will be charged with attacking a police officer or aggravated assault (depending on the state).
If you are convicted, you may be compelled to pay criminal fines of $1,000 or more, serve a one-year or longer state prison sentence, be placed on parole after prison, or pay restitution.
Is a Battery Different If It Is Committed against a Police Officer?
Yes. A battery committed against a police officer is classified as an “aggravated battery” or felony battery.
Other sorts of aggravated batteries include those that cause serious bodily harm, those that involve the use of a weapon, and those committed against a child or a woman. Other batteries are referred to as “simple” batteries. An aggravated battery entails different sentence implications than a simple battery.
Aggravated batteries are more serious than simple batteries and will result in felony charges rather than misdemeanor ones.
Penalties for battery on a police officer will result in a fine and a prison sentence of up to 20 years in some states.
A simple battery may also result in a fine, but the defendant cannot be imprisoned for more than a year.
Battery on a police officer may occur more frequently than one would imagine. Attempts to resist arrest (even whether the arrest is illegal) may be considered aggravated battery if the person intends to hurt the officer during the resistance.
Remember that any offensive contact with a police officer, even if not violent, may be considered an aggravated battery.
Are There Any Defenses to a Battery of a Police Officer?
A person who has committed battery against a police officer seldom has a good legal reason, especially if a justified arrest is involved. This is due to the law’s strong interest in safeguarding officers in the course of duty.
Self-defense is the most common defense offered to someone who has committed battery against a police officer. Only in the following circumstances can self-defense be justified:
- The defendant was attacked first by a police officer and believed in good faith, according to a “reasonable person” test, that their life was threatened or that they would suffer severe bodily harm and responded only with the amount of force reasonably necessary to save their life or protect them from severe bodily harm
So, for example, if a person is attacked by an unarmed police officer and responds with deadly force with a weapon, they are unlikely to be able to make a self-defense claim.
Are There Defenses to Aggravated Battery on a Police Officer?
A few defenses against aggravated battery on a police officer include:
No Intent to Cause Bodily Harm
Another condition for aggravated battery is that the perpetrator wants to cause bodily harm, lifelong impairment, or deformity. If you did not plan to do the officer the amount of harm that you did, your counsel might be able to claim that you did not intend to cause grave bodily harm to the officer.
For example, if you kicked an officer during your arrest, you may have only wanted the officer to leave you alone.
However, if the officer fell as a consequence of the kick and hit their head on the pavement, they could have suffered serious injuries as a result of the strike to the head. Your attorney’s responsibility would be to demonstrate that you did not mean to do the harm that you did.
Did Not Know Officer’s Status
Another defense to aggravated battery involving a peace officer is that you had no idea the person was a cop. If you were provoked by a plain-clothed police officer, for example, you might have been charged with aggravated battery merely based on the individual’s status as a peace officer.
Even if you knew the individual was a peace officer, you might have a defense to a charge of aggravated battery of a peace officer if the peace officer was not on duty at the time of the battery.
If you were in a bar fight and knew the person was an officer, but the officer was not on duty at the time of the fight, your attorney may be able to successfully argue that your fight had nothing to do with the person’s status as a peace officer and thus could not have had the requisite intent to commit aggravated battery.
Should I Contact a Lawyer?
Battery on a police officer is a serious offense, and the law takes such charges seriously.
Even if you believe the officer’s arrest or actions were illegal, it is always advisable to comply with police instructions.
A criminal defense attorney can assist you in deciding whether your answer was justified if you believe you have a self-defense claim. They can aid you in preparing your case and also advise you on your legal alternatives.
