Misdemeanor Assault and Battery and Other Special Categories

Misdemeanor Assault and Battery and Other Special Categories Misdemeanor assault and battery offenses against transportation personnel and passengers

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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Misdemeanor Assault and Battery and Other Special Categories Normally misdemeanors are punishable by up to a six months in a county jail, a fine of up to a $1000, or both. 1

All of the misdemeanor offenses listed here are "enhanced" misdemeanors with penalties that exceed those of simple misdemeanors.

A battery against the driver or passenger of a, Bus - Taxi - School Bus - or any other similar form of Public or Private Transportation, is an enhanced misdemeanor with increased penalties.

To violate this offense the assailant must reasonably know or should reasonably know that the transportation worker who is the victim of an assault or battery is engaged in the performance of his or her duties.

Misdemeanor Assault and Battery and Other Special Categories If the victim is a passenger being transport by taxi, bus, or other transportation vehicle the assailant must know, or reasonably should have known that the victim was a passenger in one of those included vehicles.

In such cases the offense is punishable by imprisonment in a county jail for up to 1 year, a fine up to $10,000, or both. 2

Offenses by Juvenile Facilities Inmate

Misdemeanor Assault and Battery and Other Special Categories An assault or battery by an inmate of an institution under the jurisdiction of the Division of Juvenile Facilities on a non-inmate is an enhanced misdemeanor with increased penalties.

The offense is punishable by imprisonment in a county jail for up to 1 year, a fine of up to $2,000, or both. 3

School Employees

An assault or battery against a school employee engaged in the performance of his or her duties, or in retaliation for an act performed in the course of those duties, on or off campus is an enhanced misdemeanor with increased penalties.

Misdemeanor Assault and Battery and Other Special Categories The person committing the assault or battery must know or should reasonably know that the victim is a school employee.

The offense punishable by imprisonment in a county jail for up to 1 year, a fine of up to $2,000, or both.

Sports Officials

An assault or battery against a sports official immediately before, during, or immediately after an organized amateur or professional athletic contest in which the official is participating is an enhanced misdemeanor.

The person committing the battery must reasonably know or should reasonably know that the official is engaged in the performance of his or her duties.

T he offense is punishable by imprisonment in a county jail for up to 1 year, a fine of up to $2,000, or both. 4

Misdemeanor Assault and Battery and Other Special CategoriesA "sports official" is a person serving as,

  • Referee
  • Umpire
  • Linesman
  • Or other official, registered by, or a member of, a local, state, regional, or national organization engaged in part in educating and training Sport's officials. 5
Highway Workers

Misdemeanor Assault and Battery and Other Special Categories An assault or battery against a highway worker engaged in the performance of his or her duties, by a person who knows or reasonably should know that the victim is a highway worker so engaged is an enhanced misdemeanor.

The offense is punishable by imprisonment in a county jail for up to1 year, a fine of up to $2000 or, or both. 6

Members of United States Armed Forces

Misdemeanor Assault and Battery and Other Special Categories An assault or battery against a member of the United States Armed Forces committed because of their service in the Armed Forces is an enhanced misdemeanor.

The offense is punishable in a county jail for up to1 year, a fine of up to $2,000, or both. 7

Elder or Dependent Adults

Misdemeanor Assault and Battery and Other Special Categories A battery against victim who is, and is reasonably known to be, an elder, or dependent adult is an enhanced misdemeanor.

The offense is punishable by imprisonment in a county jail for up to 1 year, a fine of up to $2,000, or both. 8

Reproductive Health Service Facility Associates

It is a misdemeanor to commit an assault or battery against persons associated with reproductive health service facilities. 9.


1 Section 19 of the California Penal Code.

2 Section 243.3 of the California Penal Code.

3 Section 1768.8(a) of the California Welfare and Institutions Code.

4 Section 243.8 (a) of the California Penal Code.

5 Section 243.8 (b) of the California Penal Code [On prohibition against throwing object onto or across, or entering, court or field at professional sporting event].

6 Sections 241.5 (a), 243.65( a), 241.5 (b), 243.65( b) of the California Penal Code.

7 Sections 241.8 (a), 243.10 (a), 241.8 (b), 243.10 (b) of the California Penal Code.

8 Sections 368, 243.25 of the California Penal Code.

9 Section 6218.01 of the California Government Code.