Assault and Battery on Public Safety Provider
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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 providersAnimal Control Officer
This term includes a person employed by a city or county to enforce animal control laws or regulations. 4Code 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. 5Custodial Officer
For purposes of an assault on a custodial officer, they must be employed by a city or county law enforcement. 6Custody Assistant
A "custody assistant" is a person who is employed by a city or county law enforcement agency. 7Fireman or Firefighter
The terms include volunteer as well as paid officers, employees, or members of a firefighting agency. 8Lifeguard
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. 9Medical 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." 10Parking 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. 11Peace 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. 12Process 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
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. 14Security Officer
A "security officer" is a person who is employed by a city or county law enforcement agency. 15Traffic 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
6 Section 243(f)(6) of the California Penal Code
8 Section 245.1 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.
15 Section 243(f)(14) of the California Penal Code