Penal Code 241 PC | Assault on a Police Officer
In California, it’s a felony under Penal Code 241 PC to assault a police officer or other law enforcement official. This law makes it a crime to use force or violence against an officer, or do anything that could be reasonably expected to result in an application of force.
Assaulting an officer is much more severely punished than assaulting a civilian. While simple assault is a misdemeanor, assaulting law enforcement can lead to years in state prison.
Let’s take a closer look at what constitutes assault on a peace officer, penalties for this offense, legal defenses, and related charges.
What Is Assault on a Police Officer Under California Law?
The legal definition of assaulting a law enforcement officer consists of the following elements:
- You committed an act that by its nature would directly and probably result in the application of force to a person
- You had the present ability to apply force to the person
- The person was a law enforcement officer or firefighter engaged in the performance of their duties
- You knew or reasonably should have known the person was an officer performing their duties
Some examples include:
- Striking or attempting to strike an officer
- Using violence or threats against an officer
- Throwing an object at an officer
- Spitting on an officer
The officer does not need to be injured or actually touched. The intent combined with an act that could result in application of force is enough.
Penalties for Assaulting a Police Officer
Assaulting an officer under Penal Code 241 is a wobbler offense in California. This means it can be charged as either a misdemeanor or felony, at the prosecutor’s discretion.
Potential penalties include:
- Misdemeanor: Up to 1 year in county jail, a fine up to $2,000, or both.
- Felony: 16 months, 2 years or 3 years in state prison, a fine up to $10,000, or both.
Factors that can increase charges to a felony include causing injury, using a deadly weapon, or having a previous conviction for assaulting an officer.
Legal Defenses to Police Officer Assault Charges
Fighting these allegations requires an experienced criminal defense attorney. Defenses may include:
- Self-defense or defense of others: You used reasonable force to protect yourself or someone else from harm.
- No intent to harm: Your actions were accidental and you didn’t intend to assault the officer.
- Misidentification: You were mistakenly identified as the perpetrator.
- Unlawful arrest: The officer used excessive force or did not have probable cause to arrest you.
A skilled attorney can evaluate if any of these defenses apply in your case and build an aggressive strategy challenging the charges.
Related Offenses to Assaulting an Officer
While PC 241 specifically covers assault, California law also prohibits similar crimes against law enforcement such as:
- Resisting arrest – PC 148: Willfully resisting, delaying, or obstructing an officer.
- Battery on an officer – PC 243(b): Unlawful use of force or violence against an officer.
- Attempting to take an officer’s firearm – PC 148(d): Trying to remove an officer’s gun during a struggle.
An experienced lawyer can help distinguish assault charges from these related offenses.
Penalties for Assaulting a Police Officer Conviction
Being convicted under PC 241 can negatively impact your life for years to come. Consequences may include:
- Jail or prison time
- A permanent criminal record
- Prohibition on owning firearms
- Difficulty finding future employment
- Excessive fines and court fees
- Loss of certain civic rights and privileges
An assertive defense attorney can advise you of the direct penalties you face and fight to help you avoid them.
Legal Defenses Lawyers Use for Police Officer Assaults
Police officer assault charges must be taken extremely seriously. These allegations can completely ruin your reputation and future if you are convicted.
Having an experienced criminal defense lawyer is essential. An attorney can carefully examine the evidence and determine if the prosecution can prove each element of the charges beyond a reasonable doubt.
They will aggressively challenge any weak points in the district attorney’s case and build a solid defense on your behalf. This may lead to charges being reduced or dismissed entirely in some cases.
Don’t leave your fate up to chance. An experienced lawyer can make all the difference in how your case plays out.