Have questions about Penal Code 149? Learn more about this criminal charge below, including the specific circumstances of when a PC 149 charge applies and the outcomes of a PC 149 conviction in California.
Get the answers you’re looking for with the team at the Simmrin Law Group. Our criminal defense lawyers in Los Angeles are here to help you build a defense. Get more information about your legal situation by calling us at (310) 997-4688.
Focus on the Specifics of PC 149 Charges
PC 149 prosecutes one kind of offense against public justice. PC 149 charges are used specifically to prosecute public officers who unlawfully strike others. This charge applies if a public officer – like a police officer – assaults someone while they are operating under the authority that comes with their position.
However, not all acts of violence perpetrated by public officers lead to PC 149 charges. You may avoid a conviction if you had “lawful necessity” to use force or violence.
Lawful Necessity and PC 149 Charges in California
You could avoid a PC 149 conviction if you acted with lawful necessity when using force against another person. Lawful necessity may apply if, as a public officer, you struck someone else in:
- An act of self-defense
- An attempt to protect someone else
- An effort to stop the person from injuring others or damaging property
A criminal defense lawyer in Los Angeles could review the facts of your case if you were accused of unlawful beating or assault by a public officer. Members of our team are standing by now to provide you with additional information about your legal options. Call (310) 997-4688 to learn more.
Results of a Conviction for Unlawful Beating or Assault by a Public Officer
A conviction under PC 149 may have serious effects on your future. If you are convicted, you could end up facing:
- Up to one year of jail time
- Up to $10,000 in fines
Note that you may face additional charges in some situations. For example, someone could claim that you caused them serious injuries. In this case, the prosecution could charge you with California Penal Code Section 243(d): Battery Causing Serious Bodily Injury.
PC 243(d) charges are more serious than PC 149 accusations. You could end up facing four years in prison if you are convicted of battery causing serious bodily injury. Make sure you take these charges seriously by seeking help right away.
Examples of Serious Injuries in California
You may only face PC 243(d) charges if you are accused of causing someone else a serious injury. Not all injuries are automatically considered severe in our state. The court may decide if an injury is severe or not. The following injuries are often considered serious:
- Bone fractures
- Any injury that causes unconsciousness
- Damage to organs or body parts
- Injuries that cause disfiguration
This is not a comprehensive list. A lawyer may help you determine if you are accused of causing a serious injury or not. A lawyer may also work to show that an injury is not severe to help with your defense.
Legal Options to Handle PC 149 Charges
You don’t have to just accept a PC 149 accusation in California. You can work to build a defense against these charges. A lawyer could investigate your situation and work to show that you were acting in self-defense. Individuals in California are allowed to use violence to protect themselves and others.
You can stand up to PC 149 charges if you were involved in a riot. Rioters may cause damage to property. They may also injure others. A lawyer can work to show that you were only trying to restrain a rioter when you used necessary force.
Allow us to focus on getting your charges reduced or even dismissed. We’re standing by to represent you in and out of the courtroom here in California.
Get Legal Help with PC 149 Accusations
Contact the Simmrin Law Group if you were charged under Penal Code 149: Unlawful Beating or Assault by a Public Officer. This charge is an offense against public justice. We’re ready to help you build a defense right now. Contact us to find out more with a free consultation. Allow us to handle all aspects of your defense.
Reaching a Los Angeles criminal defense lawyer is simple. Just call (310) 997-4688 or complete our online contact form.