San Diego Criminal Lawyers Blog
Interactions with the police can be scary and distressing. Certain situations in which law enforcement is involved can be downright deadly. Understanding your rights as well as what is legally expected of you when it comes to interacting with law enforcement in California is incredibly important. You may be able to protect yourself from harsh penalties like time spent behind bars as well as expensive fines and other related costs.
Penalties for felony convictions are much harsher than for misdemeanors, but any criminal conviction can affect a person’s life negatively far beyond just serving time. Working with a California criminal defense attorney provides a defendant with hope and the best chances of having their case dropped or at least their charges reduced. Not every legal professional is the same, however; finding the most skilled and vastly experienced San Diego criminal defense attorney is essential to obtaining a favorable outcome and helping you get back to living your life.
How to Defend Yourself Against Battery on a Police Officer in California
If you clash with law enforcement during an attempted arrest or during a rally, for example, it is best to keep your hands to yourself and not throw anything. Individuals who aggressively try to harm police, whether it be with their hands or other objects, will be subject to arrest. In many situations, those who are arrested for battery on a police officer in Los Angeles will face misdemeanor charges. However, the flexibility that exists within the law allows it to be considered a wobbler crime, or a crime that can either be a misdemeanor or felony. Depending on the circumstances surrounding your case, the prosecution that is working against you is given the opportunity to choose whether to charge you at the misdemeanor or felony level.
Your legal counsel will inspect every aspect of your case to figure what the most suitable and proficient legal strategy should be. A few of the potential options include:
- You were not acting in a malicious way and were only defending yourself against a rogue and hostile officer. Potentially the officer was acting out of hand and they violated proper training protocols.
- You did not engage in the abusive actions willingly and you did not have the intent to hurt the officer.
- The officer was not on duty at the time the assault took place.
Battery against a police officer can result in as many as three years in jail that may accompany as high as $10,000 fines. The potential penalties you face hinge on the way your charges are tried.
Speak with a San Diego Criminal Defense Attorney Today
It is not just police officers who are protected under the law, firefighters, medics, and custodial officers are also included. David M. Boertje is a Carlsbad criminal defense lawyer who knows how to get results when defending individuals who are tangled up in the California criminal justice system. Meeting with David M. Boertje is easy; simply call (619) 229-1870 for the San Diego office or (760) 476-0901 for the Carlsbad location. All consultations are free.