Assault and Battery on Public Safety Provider

A Special Category of Offenses Involving Assault and Battery are Those Against Public Safety Providers

Assault and Battery on Public Safety Provider If you, or a friend, or relative are accused or arrested for such an offense contact me, I can help you.

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Most misdemeanors are punishable by incarceration in county jail for up to 1 year, a fine up to a $1000, or both. 1 There are some enhanced misdemeanor where the penalties exceed those of simple misdemeanors.

These misdemeanors involve assaults and batteries under conditions, or against certain individuals, that generally are considered a greater risk of harm to others

A simple assault or battery against a public safety provider is considered such an offense.

The penalty for violating this category of offenses is up to 1 year in a county jail, a fine of up to $2000, or both. 2

These penalties only apply if the public safety provider is engaged in the performance of his or her duties, and the perpetrator reasonably knows, or should reasonably know, that the victim is one of the designated persons so engaged. 3

The following are statutorily classified as public safety providers

Animal Control Officer

Animal Control Officer This term includes a person employed by a city or county to enforce animal control laws or regulations. 4

Code Enforcement Officer

Code Enforcement Officer This term includes a person employed by a governmental subdivision.

A Code enforcement officer has enforcement authority for health, safety, and welfare requirements. Their duties include enforcement of statutes, rules, regulations, or standards, or who is authorized to issue citations or file formal complaints. 5

Custodial Officer

Custodial Officer For purposes of an assault on a custodial officer, they must be employed by a city or county law enforcement. 6

Custody Assistant

A "custody assistant" is a person who is employed by a city or county law enforcement agency. 7

Fireman or Firefighter

Fireman or Firefighter The terms include volunteer as well as paid officers, employees, or members of a firefighting agency. 8

Lifeguard

Lifeguard A "lifeguard" is a person employed as a lifeguard by a state, county, or city, who has the duty and responsibility to enforce local ordinances and misdemeanors through the issuance of citations; and who wears distinctive clothing that identifies his or her status. 9

Medical Care Specialist

Medical Care Specialist An "emergency medical technician," is a person who holds a valid course completion certificate from a program approved by the State Department of HealthCare Services for the medical training and education of ambulance personnel.

Or who is either an EMT-I, EMT-II, or EMT-P (paramedic), and who has a valid certificate or license; or a "mobile intensive care paramedic, or a    "nurse." 10

Parking Control Officer

Parking Control Officer This term includes a person employed by a city or county to monitor and enforce state laws and local ordinances relating to parking.

A "meter maid" who is charged with the responsibility of citing the drivers of vehicles parked after the meter has expired is a common example. 11

Peace Officer

Peace Officer Police officers employed by cities, counties, the state and other governmental agencies are the most recognizable members of this group.

The power to investigate, arrest and transport to jail those arrested for criminal violations is probably a major characteristic that identifies this class of individuals. 12

Process Server

Process Server The term "process server," means a person who meets or is expressly exempted from the standards set forth in Section 22350 of the California Business and Professional Code.

This can include the following when they are engaged in the act of service of process (summons, subpoenas, court pleadings, restraining orders, etc.);

  • Any sheriff, marshal, or other government employees so designated;
  • Attorneys, private investigators;
  • Or any person who is specially appointed by a court to serve its process servers. 13
Search and Rescue member

Search and Rescue member A "search and rescue member" is a person who is part of an organized search and rescue team that is managed by a government agency. 14

Security Officer

Security Officer A "security officer" is a person who is employed by a city or county law enforcement agency. 15

Traffic Officer

Traffic Officer A "traffic officer" is a person employed by a city or county to monitor and enforce state laws and local ordinances relating to the parking and operation of vehicles.

This classification's duties extend beyond those of the "meter maid," and include directing traffic, impounding vehicles, and enforcing violations of more serious parking offenses. 16


1 Section 241(a) of the California Penal Code

2 Section 241 (c) of the California Penal Code

3 Section 241(c) of the California Penal Code

4 Section 241(d)(8), 243(f)(9) of the California Penal Code

5 Sections 241(d)(9), 243(f)(11), 829.5 of the California Penal Code

6 Section 243(f)(6) of the California Penal Code

7 Sections 243(f)(12); 831.7 of the California Penal Code

8 Section 245.1 of the California Penal Code

9 Sections 241(d)(5), 243(f)(7) of the California Penal Code

10 Sections 241(d)(2), 243(f)(2 ), 241(d)(3), 241(d)(4), 243(f)(3) of the California Penal Code

11 Section 241(d)(10) of the California Penal Code

12 Section 241(d)(1) of the California Penal Code

13 Section 241(d)(6) of the California Penal Code.

14 Sections 241(d)(11), 243(f)(13) of the California Penal Code

15 Section 243(f)(14) of the California Penal Code

16 Section 241(d)(7), 243(f)(8) of the California Penal Code.