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Unfortunately the answer is yes. Battery on a peace officer under California law, Penal Code 243(b) or 243(c) PC, is a crime even if the officer isn't injured.

The same thing is true of simple battery under California Penal Code 242 PC. A "battery" is any harmful or offensive touching of another person--it doesn't have to cause an injury of any kind.

But there is some good news. Under PC 243(b), battery on a peace or police officer that does not cause injury carries only California misdemeanor penalties. The maximum sentence for battery on a peace officer without injury is up to one (1) year in county jail, and the maximum fine is two thousand dollars ($2,000).

(In contrast, battery on a peace officer that does cause injury is charged under Penal Code 243(c)(2) PC and can carry felony penalties, including a much longer jail sentence.)

Call us today to discuss your situation.

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Gerald Schwab, Jr.


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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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Phone: 559.441.1418