Being accused of battery on a custodial officer can be overwhelming and life‑changing. This charge—filed under California Penal Code 243.1 PC—is a felony that carries the possibility of state prison, steep fines, and a permanent criminal record. It’s often filed after an incident in a jail, prison, or detention setting, and can stem from a heated moment that escalated quickly. Even if no one was seriously injured, prosecutors treat these cases with the same seriousness as assaults on law enforcement.
For most people, the accusation comes as a shock. You might have been in custody for an unrelated matter, visiting someone, or even working in a facility when an interaction with a correctional officer, deputy, or other custodial staff member got out of hand. In many cases, what starts as a misunderstanding, accidental contact, or self‑defensive action can still result in criminal charges—especially if the other party is considered “on duty” at the time. The law gives custodial officers broad protections, and allegations against you will be taken seriously by the prosecution.
At The Law Offices of Arash Hashemi, our Los Angeles criminal defense attorney understands the stakes and the urgency in cases like these. With over 20 years of experience defending clients accused of violent crimes, we act quickly to investigate the facts, protect your rights, and challenge the prosecution’s version of events. If you or someone you care about has been charged with battery on a custodial officer, contact our office today to speak with an experienced Los Angeles criminal defense attorney and begin building your defense.
What Is California Penal Code 243.1 PC?
California Penal Code 243.1 makes it a felony to use force or violence against a custodial officer while that officer is performing their official duties. This law is specifically designed to protect those who work in jail, prison, and detention facility environments from assault or battery.
A custodial officer is defined as an employee of a city or county jail, detention facility, or correctional institution whose primary duties involve maintaining custody of prisoners. This includes:
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Jail or detention facility guards
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County or city correctional officers
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Deputies assigned to supervise inmates within a jail or custody setting
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Officers whose main job is overseeing people in custody (but not regular peace officers working outside the facility)
Under Penal Code 243.1, it does not matter if the force or violence caused injury—any unwanted or offensive physical contact with a custodial officer can be charged as battery if the officer was lawfully performing their duties and you knew (or should have known) they were a custodial officer.
A conviction for battery on a custodial officer is always a felony under California law, carrying the possibility of state prison time, felony probation, and a permanent criminal record.
Elements of the Crime
To secure a conviction for battery on a custodial officer under Penal Code 243.1, the prosecution must prove each of the following elements beyond a reasonable doubt:
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Willful and unlawful touching – The accused intentionally touched the custodial officer in a harmful or offensive manner. The contact does not have to cause injury, but it must be more than accidental or incidental contact.
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Victim’s status as a custodial officer – The alleged victim was a custodial officer, as defined by law, and was performing their lawful duties at the time of the incident.
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Knowledge of the victim’s role – The accused knew, or reasonably should have known, that the person was a custodial officer engaged in official duties.
If any of these elements cannot be proven, the defendant cannot be convicted under PC 243.1.
Penalties for Battery on a Custodial Officer
California Penal Code 243.1 makes it a crime to commit battery on a jail or prison guard. This offense is always treated as a felony, unlike “simple battery” under Penal Code 242, which can be charged as a misdemeanor. The law imposes harsher penalties because custodial officers work in inherently dangerous environments and must be protected while performing their duties.
A conviction for battery on a custodial officer carries:
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State prison sentence of 16 months, two years, or three years, served in county jail under California’s realignment law.
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Felony probation in lieu of incarceration in certain cases.
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Fines of up to $10,000.
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Permanent felony record, which can affect employment, housing, and licensing opportunities.
In addition to these direct penalties, a conviction can result in serious collateral consequences:
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Immigration impact – Non-citizens may face deportation or denial of reentry into the U.S.
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Loss of professional opportunities – Certain occupations requiring background checks or security clearance may become off-limits.
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Enhanced sentencing – If the alleged battery caused injury or involved aggravating factors, prosecutors may seek additional penalties under related statutes.
Related Offenses Often Filed With PC 243.1
[PC 242 – Simple Battery]
Covers any willful and unlawful use of force or violence on another person. Charged when the victim is not a custodial officer or other protected class.
[PC 243(b) & PC 243(c) – Battery on a Peace Officer]
Applies when the victim is a police officer, firefighter, EMT, or other listed public safety official performing their duties.
[PC 240 – Assault]
Involves an unlawful attempt, coupled with the present ability, to commit violent injury on another person. Can be charged in addition to or instead of battery.
[PC 69 – Resisting an Executive Officer]
Prohibits using threats or violence to prevent an executive officer (such as a peace officer) from performing lawful duties.
[PC 243.6 – Battery on a School Employee]
Involves using force or violence against a teacher, administrator, or other school staff while they are engaged in their duties.
[PC 243(e)(1) – Domestic Battery]
Covers battery against a spouse, cohabitant, former partner, or other person in a domestic relationship.
[PC 243.4 – Sexual Battery]
Involves touching the intimate parts of another person against their will for sexual arousal, gratification, or abuse.
Legal Defenses to PC 243.1 Charges
If you are accused of battery on a custodial officer, there are several legal defenses that an experienced criminal defense attorney may use to challenge the charges. Common defenses include:
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Self-defense or defense of others: You acted to protect yourself or someone else from imminent harm, and used only the amount of force necessary under the circumstances.
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No willful or unlawful act: The contact with the custodial officer was accidental, not intentional, or not harmful/offensive as required by law.
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False accusation or mistaken identity: The allegations are not true, or you were wrongly identified as the person who committed the battery.
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Officer was not performing official duties: The alleged incident did not occur while the custodial officer was performing their official job functions.
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Lack of knowledge: You did not know, and could not reasonably have known, that the person was a custodial officer.
Every case is unique, and the best defense will depend on the specific facts of your situation. At The Law Offices of Arash Hashemi, we analyze the evidence, challenge the prosecution’s case, and fight for the best possible outcome based on the unique facts of your situation.
Arrested for Battery on a Custodial Officer? Get a Free Case Review Today
A felony charge for battery on a custodial officer can change the course of your life—bringing the possibility of prison time, a permanent criminal record, and lasting damage to your reputation. These cases move quickly, and the sooner you have a skilled defense lawyer on your side, the better your chances of achieving a favorable outcome.
With over 20 years of criminal defense experience, The Law Offices of Arash Hashemi has successfully represented clients accused of violent crimes throughout Los Angeles County, including Santa Monica, Westwood, Culver City, Beverly Hills, and surrounding areas. Our approach is proactive and strategic—examining every detail of the arrest, the officer’s conduct, and the prosecution’s evidence to find the weaknesses in their case. To speak directly with Attorney Arash Hashemi and get a confidential, no‑obligation case review, contact our office today.
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