Legal Definition of Battery on a School Employee

The full text of Penal Code 243.6 reads:

“When a battery is committed against a school employee engaged in the performance of their duties, or in retaliation for an act performed in the course of their duties… and the person committing the offense knows or reasonably should know that the victim is a school employee, the battery is punishable by imprisonment…”

This law applies to teachers, counselors, school board members, and school staff. The statute is also triggered if the battery was motivated by retaliation—even if it occurred after the employee’s job-related act.

What the Prosecution Must Prove Under Penal Code 243.6

To secure a conviction under Penal Code 243.6, the prosecution must prove each of the following elements beyond a reasonable doubt:

You Willfully Used Unlawful Force or Violence

You must have willfully and unlawfully used physical force or violence against another person. This includes any intentional physical contact that is harmful or offensive. Injury is not required — even a shove, slap, or thrown object can qualify as battery.

The Alleged Victim Was a School Employee

The person subjected to the battery must have been a school employee at the time. This includes teachers, administrators, counselors, substitute teachers, security staff, or other public or private school personnel covered by the statute.

The Employee Was Performing Their Duties — or You Acted in Retaliation

The battery must have occurred while the school employee was performing their official duties or in retaliation for an action the employee took in the course of their job. This element applies whether the incident took place on or off campus, during or outside school hours.

You Knew — or Reasonably Should Have Known — the Person Was a School Employee

You must have known, or reasonably should have known, that the person was a school employee acting in an official capacity. If the employee was in uniform, on school property, or otherwise visibly acting in a professional role, this element is typically satisfied.

Who Qualifies as a “School Employee” Under 243.6 PC?

California law defines a school employee broadly for purposes of 243.6 PC. This includes any individual employed by a school district or institution—regardless of whether they work full-time, part-time, or temporarily. The following are typically covered under the statute:

• Teachers (including full-time, part-time, and substitute teachers)
• School administrators and principals
• School counselors, social workers, and psychologists
• Campus security officers or school resource officers
• Student teachers, teaching assistants, or interns
• Classified staff and support personnel
• Members of the school board

These protections apply to both public and private educational institutions, including K–12 schools, charter schools, community colleges, and universities—provided the conduct occurred while the employee was performing, or in retaliation for performing, their official duties.

Penalties for Battery on a School Employee – PC 243.6

Misdemeanor Battery (No Injury)

• Up to 1 year in county jail
• Fines up to $2,000
• Summary (informal) probation
• A permanent criminal record

Wobbler (Battery Causing Injury)

If the battery results in injury, the charge becomes a wobbler, meaning it can be filed as either a misdemeanor or a felony, depending on the facts and your criminal history.

Felony Penalties:

• 16 months, 2 years, or 3 years in state prison
• Fines up to $2,000
• Possible felony probation
• Potential immigration consequences

Legal Defenses to PC 243.6 – Battery on a School Employee

You Acted in Lawful Self-Defense or Defense of Others

You have the right to protect yourself or another person if you reasonably believed there was an imminent threat of harm. If you used only the amount of force necessary to prevent that harm, your actions may be legally justified—even if a school employee was involved. For this defense to apply, the response must have been proportionate to the threat.

You Did Not Act Willfully

Battery requires that you acted intentionally. If the physical contact was accidental—such as bumping into a teacher in a crowded hallway or during a chaotic school event—then the required element of willful conduct is missing. A lack of intent can serve as a complete defense to battery charges.

You Did Not Know the Person Was a School Employee

To be convicted under PC 243.6, the law requires that you knew—or reasonably should have known—that the person was a school employee engaged in their official duties. If the employee was not in uniform, not on school grounds, or the situation did not make their role clear, this element may not be met. If proven, it could result in a reduction to simple battery under Penal Code 242.

The Employee Was Not Performing Their Duties

The statute only applies when the alleged battery occurred while the school employee was performing their job-related duties—or in retaliation for something they did in that capacity. If the incident occurred off-duty or had nothing to do with the person’s role as a school employee, PC 243.6 may not apply, and your attorney may argue for lesser or alternative charges.

False Accusations or Exaggerated Claims

In emotionally charged school environments, accusations can be made in the heat of the moment—or for personal reasons. Students, parents, or staff members may exaggerate or falsely report incidents. If there are no credible witnesses, inconsistencies in the story, or evidence suggesting you were wrongly accused, your attorney can challenge the prosecution’s case and seek dismissal.

How a Los Angeles Criminal Defense Attorney Can Help with PC 243.6 Charges

Facing charges for battery on a school employee is not something to take lightly. Even if the incident didn’t result in injury, California law treats these cases with zero tolerance—and prosecutors often push hard for jail time, especially when the alleged victim is a teacher, counselor, or other school staff member.

You need a Los Angeles criminal defense attorney who understands the stakes and knows how to challenge these accusations from day one.

With over 20 years of experience, Attorney Hashemi has defended countless clients accused of assault and battery incidents. These cases are often built on incomplete accounts, emotional responses, or school politics—and we know how to cut through that noise.

Here’s how we can help:

• Scrutinize the evidence – We review police reports, school documentation, witness statements, and any available video to identify weak points in the prosecution’s case.
• Challenge intent and context – The law requires willful physical contact. If the incident was accidental, misinterpreted, or involved no intent to harm, we bring that to light.
• Expose false or exaggerated allegations – School conflicts are emotional, and sometimes accusations are used as retaliation or leverage.
• Push for case dismissal or diversion – If charges are weak, we negotiate aggressively to reduce or eliminate them altogether—or seek sentencing alternatives that avoid jail time.
• Prepare for trial when needed – If your case goes to court, we build a focused, fact-driven defense based on your side of the story.

We fight to protect your rights, record, and reputation—because a misdemeanor conviction for battery, even without injury, can follow you for life.

Speak with a Los Angeles Criminal Defense Attorney Today

A conviction under 243.6 PC for battery on a school employee can have lasting consequences — from criminal penalties to damage to your reputation, career, and immigration status. When injuries are alleged, the prosecution may pursue felony charges, making early legal intervention critical.

The earlier you involve a defense attorney, the better your chances of resolving the case on your terms.

Attorney Hashemi has been defending clients in Los Angeles County since 2003. He will personally review your case, sit down with you to discuss the facts, and develop a defense strategy tailored to your situation before the case gains momentum against you.

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