Assault on a police officer refers to an intentional or reckless act that causes an officer to fear for his/her safety or others, regardless of whether there is physical contact. In general terms, it is an attack or an attempt to attack a law enforcement officer while performing their official duties.

For an assault to be considered an assault on a police officer, the victim must be a peace officer, which includes police officers, sheriffs, and other law enforcement officials engaged in their official duties. You risk facing prosecution if the victim is a peace officer. This category includes public servants like firefighters, paramedics, and other first responders.

If you are charged with this offense, you should contact a criminal defense attorney as soon as possible to help you navigate the criminal justice system and to ensure your rights are protected.

Assault on a Police Officer Under California Law

Assault on a police officer is punishable under Penal Code 241(c). It is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony, depending on the case's specific circumstances and the prosecutor's discretion.

Elements of the Crime Prosecutors Must prove

For a prosecutor to successfully secure a conviction for assault on a police officer, they must prove the following elements beyond a reasonable doubt:

  • The victim was a peace officer — The prosecutor must prove that the victim of the assault was a peace officer, which includes police officers, firefighters, paramedics, sheriffs, and other law enforcement officials. Further, it must be clear that they were discharging their tasks when the incident occurred.
  • The defendant intentionally or recklessly caused the officer to fear for their safety or the safety of others — The state must demonstrate that the defendant knowingly or recklessly caused the officer to fear for their safety or the safety of others. Physical contact is not necessary.
  • Application of force — In addition to proving that the defendant acted willfully, prosecutors must also demonstrate that the defendant applied force or violence against a peace officer. This can include physical contact, like hitting or striking the officer, or a more subtle form of force, for example, threatening gestures or words that make the officer fear for his/her safety.

Note: A police officer need not sustain an injury for the prosecutors to establish an assault occurred. What is crucial is that the defendant applied force or violence against the officer and that the officer had a reasonable fear of immediate harm.

Additionally, the state must prove that the defendant had the specific intent to commit an assault on a police officer. This is different from general intent. With general intent, prosecutors must prove that the defendant intended to commit the act that resulted in the crime but not necessarily the specific crime itself.

  • The defendant knew the victim was a peace officer — The prosecution must prove that the defendant knew or should have known that the victim was a peace officer. Further, it must be clear that the defendant committed the assault against the officer in their official capacity.
  • The officer was performing their official duties — The prosecutor must prove that the officer was performing their official duties at the time of the assault.

The defendant should be acquitted if the prosecutor does not prove all the crime's elements.

An experienced criminal defense attorney can help examine the evidence and build a defense strategy that challenges the prosecution's case and raises reasonable doubt about the guilt of the accused.

Legal Defenses to an Assault on a Police Officer charge

You can raise several legal defenses in a PC 241 violation case. Some of the most common defenses include:

  1. You Were Acting in Self-defense

Self-defense is a legal defense that a defendant can raise in a case of assault on a police officer.

Under this defense, you will argue that you acted in self-defense because you reasonably believed that you or another individual was in imminent danger of bodily harm. Further, you believed the use of force was necessary to protect themselves.

To successfully raise the defense of self-defense, you must be able to prove that:

  • You had a reasonable belief that you were in imminent danger of physical injury
  • You used only the amount of force that was reasonable and necessary under the circumstances
  • You were not the initial aggressor. If you were the initial aggressor, you had withdrawn from the altercation and effectively communicated to the officer that you no longer wanted to fight.

The prosecution has the burden of proving that you did not act in self-defense. You do not bear the burden that you acted in self-defense. An experienced criminal defense attorney can help evaluate the case's facts and present evidence supporting the self-defense argument.

  1. Lack of Intent

Under this defense, you will assert that you did not intend to commit the act that led to the officer fearing for his/her safety or the safety of others.

You should prove that you did not have the specific intent to commit an assault on a police officer. You must show that the act that caused the officer to fear for his/her safety was accidental or not intended.

Recall that a PC 241(c) isolation is a specific intent crime. Prosecutors must prove that you intended to commit the act that led to the crime and that you knew that the victim was a peace officer and that the officer was performing his/her official duties when you allegedly assaulted the officer.

An experienced criminal defense attorney can help examine the evidence and build a defense strategy that challenges the prosecution's case and raises reasonable doubt about the guilt of the accused. They can also help present evidence to show that you did not have the intent to commit the crime, for example, by demonstrating that the act was accidental or not intended.

  1. Lack of Knowledge

Lack of knowledge is a legal defense that involves the defendant asserting that he/she did not know that the victim was a peace officer or that the officer was performing their official duties at the time of the assault.

This defense is only successful if the defendant proves he/she did not know the victim was a peace officer or that the officer was performing their official duties at the time of the assault. The defendant must show that he/she lacked knowledge that the victim was a peace officer and that the officer was performing their official duties when the defendant allegedly committed the crime.

Prosecutors bear the burden of proving that the defendant knew or should have known that the victim was a peace officer and that the officer was performing their official duties at the time of the assault.

With an attorney’s help, you can present evidence to show that you did not know that the victim was a peace officer and that the officer was performing their official duties when you allegedly assaulted the officer.

  1. Mistaken Identity

Under this defense, a dense attorney will argue that the defendant is not the perpetrator of the crime. They were misidentified by the victim or other eyewitnesses.

This defense requires demonstrating to the jury that someone else could have committed the crime. A defendant can challenge the accusations with an alibi, for example, or with an unreliable identification from a witness. The defendant can also challenge the credibility of the eyewitnesses, for example, by pointing out that the eyewitnesses had poor visibility, were under stress or were otherwise influenced in their identification.

A mistaken identity defense is tough to prove. Prosecutors could present evidence like DNA, fingerprints, or surveillance footage that links the defendant to the crime.

Criminal defense attorneys can also help present evidence to show that the defendant was mistaken for someone else.

  1. You are a Victim of Police Misconduct

You can assert that the police officers involved in the arrest or investigation engaged in misconduct, including the fabrication of evidence, use of excessive force, or failure to read Miranda rights. You bear the burden of proving misconduct occurred. You could thus introduce eyewitness testimony, video footage, or other physical evidence supporting their claims. Your attorney can also file a complaint with the internal affairs division of the police department and request an investigation of the officer's conduct.

Police misconduct can be difficult to prove, as the police officers involved in the arrest or investigation will likely deny any wrongdoing. Additionally, the prosecution could argue that any misconduct did not affect the outcome of the case and that you are guilty regardless of the misconduct.

An experienced criminal defense attorney can help examine and present the evidence that challenges the prosecution's case and raises reasonable doubt about the guilt of the accused. They can also help present evidence of police misconduct and take appropriate legal actions, like filing a complaint against the officers or filing a civil rights lawsuit.

Note: These are general defenses. Each case is unique, and different defenses could apply. An experienced criminal defense attorney can evaluate the facts of your case and advise you on the best defense strategy.

Penalties for an Assault on a Police Officer

As pointed out earlier, a Penal Code Section 241(c) violation is a wobbler. The state can pursue misdemeanor or felony charges, depending on the case's specific circumstances and the prosecutor's discretion. The penalties for an assault on a police officer, if found guilty, vary depending on whether it is charged as a misdemeanor or a felony and the severity of the officer's injuries.

If the state pursues misdemeanor assault charges, the penalties include the following upon conviction:

  • Up to one year in county jail
  • Fines of up to $2,000 or both
  • Possible probation

If the state pursues felony assault charges, the penalties include the following upon conviction:

  • 16 months, two or three years in prison
  • Fines of up to $10,000 or both
  • Possible probation

If the officer sustains an injury, you will likely face 2, 3, or 4 years in prison.

Immigration Consequences

A conviction for an assault on a police officer does not have immigration consequences for non-U.S. citizens. Under U.S. immigration law, certain criminal convictions can render a non-citizen inadmissible or deportable. Assault on a police officer is not one of them.

Can I Have My Assault On A Police Officer Conviction in California expunged?

Assaulting a police officer is considered a grave offense and is typically charged as a felony. A conviction for a felony cannot be expunged. However, if the courts convict you of a misdemeanor violation, the conviction can be expunged.

Additionally, certain restrictions and conditions must be met before you can apply to have your conviction expunged, such as:

  • Completing probation or
  • Serving your jail sentence, if applicable.

In some cases, an individual is eligible to have their conviction reduced to a misdemeanor through re-sentencing, which would also allow them to apply for expungement.

Even if a conviction is expunged, it is not erased from the person's criminal record. It can still be used in certain circumstances, including employment or criminal proceedings.

In any case, it is best to consult with a criminal defense attorney to discuss the specific details of your case and your eligibility for expungement.

Related Offenses

Below are the crimes related to an assault on a police officer.

  1. Battery of a Police Officer

Penal Code Sections 243(b) and (c) make it a crime to batter a police officer.

Battery on a peace officer occurs when an individual intentionally and unlawfully touches a peace officer in a harmful or offensive manner. Battery can be committed by physically striking an officer or by making physical contact aggressively or offensively.

Elements of the Crime

Prosecutors must prove the following to secure a conviction:

  • Willful touching — The defendant intentionally and willfully touched the police officer in a harmful or offensive manner.
  • The victim is a peace officer — The victim of the battery was a peace officer engaged in the performance of their duties.
  • Knowledge of the victim's status — The defendant knew or should have known that the victim was a peace officer.
  • Willful resistance, obstruction, or delay — The defendant's actions were intended to resist, obstruct, or delay the peace officer in performing their duties.
  • No self-defense — Prosecutors must also prove that the defendant's actions were not done in self-defense or defense of others.

PC 243 violations are wobblers. If prosecutors charge you with a misdemeanor violation, you could face the following penalties:

  • Up to one year in jail
  • Fines of up to $2,000
  • Possible probation

If the battery is charged as a felony, the penalties include the following:

  • Up to three years in prison
  • Fines of up to $10,000
  • Possible probation

  1. Resisting Arrest

Resisting arrest is punishable under Penal Code 148(a) as a misdemeanor. It occurs when an individual willfully resists, delays, or obstructs a peace officer or an emergency medical technician in performing their duties.

Elements of the Crime

Prosecutors must prove the following to secure a conviction:

  • The defendant willfully obstructed, delayed, or resisted a peace officer or other public official in performing their duties.
  • The peace officer or other public official was engaged in the lawful performance of their duties at the time of the incident.
  • The defendant knew or should have known that the person being resisted was a peace officer or other public official engaged in their duties.
  • The defendant's actions were not the result of a lawful exercise of their rights.

The penalties for resisting arrest include the following:

  • Up to one year in county jail
  • Fines of up to $1,000
  • Possible probation

  1. Resisting an Executive Officer

Resisting an executive officer is a crime punishable under Penal Code 69. It occurs when an individual uses force or threats to prevent or deter an executive officer from performing their lawful duties. An executive officer includes but is not limited to, a police officer, a sheriff, a marshal, a highway patrol officer, and a probation or parole officer.

Elements of the Crime

The state must prove the following to secure a conviction:

  • The defendant intentionally and knowingly delayed, resisted, or obstructed an executive officer's duties.
  • The defendant used force or the threat of force to resist, delay, or obstruct the executive officer.
  • The executive officer was engaged in performing their duties at the time of the resistance, delay, or obstruction.
  • The defendant knew or reasonably should have known that the person they were delaying, resisting, or obstructing was an executive officer discharging their duties.

Misdemeanor penalties for resisting an executive officer include the following:

  • Up to one year in county jail
  • Fines of up to $10,000
  • Possible probation

If convicted of a felony violation, the following are the likely penalties:

  • Up to three years in jail
  • Fines of up to $10,000
  • Possible probation

Note: Even minor physical contact with an officer can be considered resisting an executive officer. Even if the arrest is later determined to be illegal, you could still face resisting an executive officer's charges.

Contact a Los Angeles Criminal Defense Attorney Near Me

Being charged with an assault on a police officer is a serious matter. A conviction can have severe and long-term consequences, including imprisonment, fines, the loss of gun rights, and immigration consequences. If you are facing PC 241 violation charges, consult with a criminal defense attorney as soon as possible. An attorney can help you navigate the criminal justice system, build a strong defense, and work toward a favorable outcome that minimizes the impact of the charges.

The Los Angeles Criminal Attorney team’s experience is the advantage you need to challenge the charges. Contact our attorneys at 424-333-0943 for more information.