Assault on a Police Officer - Penal Code 241(c) PC
California Penal Code 241(c) PC makes it a crime to assault a police officer or other first responders while they are performing their official duties. This misdemeanor is punishable by a sentence of up to one year in county jail and a fine of up to $2,000.00.
PC241(c) says, "When an assault is committed against the person of a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment."
Being charged with assault on a police officer is a serious matter, carrying with it severe punishment. The unique challenge in defending these cases lies in the involvement of a peace officer or a police officer.
That is because prosecutors are typically friendly and cautious when defending or dealing with cases where a police officer is the victim. In my experience, prosecutors work hand in hand with the police all the time, in and out of court, and they feel like they must protect them even more than the general public.
When facing charges of assaulting a police officer, it is crucial to have a competent attorney on your side. A skilled lawyer can effectively fight the charges by conducting a thorough investigation, gathering evidence, and leveraging their experience to defend these cases in Los Angeles.
As far as the law goes, it's using violence towards another person. In this case, it would be law enforcement personnel who usually do not engage in physical striking or hitting. Still, the police officer would be reasonably afraid that you would strike them.
A lot of times, I see these assault on a police officer cases come up when the police come out to the scene of a crime – either someone's called 911, or they pull up on the scene, and people are angry.
They are yelling, screaming, and combative, and now the police have to get involved – stop them from doing whatever they're doing. They end up getting themselves into an argument or a struggle with the person or persons that are involved. Then, now the police are going to have to justify whatever actions they took towards inflicting violence against that person.
A lot of times, they will charge the person with assault on a police officer, disturbing the peace, or some other battery-related offense so they can justify whatever they did to that person and not get disciplined by their department or sued by the individual that's involved. Anyone charged with an assault must contact a lawyer with experience handling such cases.
What Are the Defense?
One defense that I use all the time, and with success, is that if the police are not performing one of their duties as police officers when they come in contact with somebody and act violently towards them and do something crazy to them, then that person tries to defend themselves. Other potential defenses include:
- Self-defense,
- Lack of intent, or
- Mistaken identity.
If the police were not performing their duties when they came into contact with my client, they wouldn't be able to successfully file a charge. This underscores the importance of the circumstances under which the police were involved.
Sometimes, they get called to a scene and get into an argument or fight with somebody because of some emotional or personal issue rather than some duty they need to execute.
For example, if the person they're dealing with is different from the person they were called to deal with and somehow now get into an argument and a problem with them, that would be the first step towards proving they're performing their duties. They should not have done what they did to that person, and therefore, the person shouldn't be charged with assaulting a police officer.
So, what it comes down to is the factual scenario in these assault on a police officer cases that presents itself, and then what ultimately ends up happening in these cases is – a jury looks at it. They decide.
The jury's role is to review the evidence presented and determine whether the prosecution has proven their case beyond a reasonable doubt. This underscores the importance of having a skilled attorney who can present a strong defense on your behalf.
So, if a jury thinks that you were innocent and didn't do anything wrong, then it's worth fighting the case, and obviously, you get the best attorney you can to fight it so you can be successful.
If, on the other hand, a jury's going to say, look, the police were just called out, they're doing their job, and you're acting like a jerk, and so you should be charged with that and even worse things.
Negotiation with the Prosecutor
Then obviously, that's the type of case you're not going to take to trial, and you are going to want to get your attorney to negotiate some plea bargain and convince the prosecutors not to put you in jail – try to set something up to protect your record in the future. Consider the following:
- In these cases, I typically get into the office, and we go over everything. I ask that you be honest and straightforward. Your honesty is crucial in determining whether you have a defense. If you have a defense, we will assert it and conduct a thorough investigation.
- These days, the police have body cameras and video in their cars, and there are often citizen videos. This abundance of evidence can be used to challenge the police in assault-on-a-police officer cases, providing hope and empowerment that was not available in the past.
- It always ended up being one person's word against the police's word. That person was arrested and was usually involved in some sort of criminal behavior, so they weren't believed. Nowadays, we get you in the office.
We figure out exactly what our plan is going to be. I will tell you what you will do to help me, and I will tell you what I will do to help you move forward. When we're both moving in the same direction, you start to get peace of mind again because being arrested for a criminal case in LA is terrifying.
If you are being charged with assault on a police officer, you immediately need the services of not only an experienced but also an aggressive defense attorney.
To convict you of assault on a police officer, the prosecution must prove beyond a reasonable doubt that first, you knew the person was a police officer within the scope of their duties. The prosecution must also prove that you intentionally tried to apply physical force on the police officer.
Often, assault on a police officer may be charged as aggravated assault and may have harsher penalties than simple assault. As your criminal attorney, we want to prevent a conviction. We want to intervene and do everything possible to get the best results.
We are very aware that often, police officers use and abuse their authority and try to pin assault on a police officer on a person if things do not go their way.
We will investigate and do our research to determine what exactly occurred that led to your arrest. We guarantee our competence, persistence, and dedication.
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