What is the sentencing or penalty if someone is convicted of assaulting a police officer in California?
In California, if someone is convicted of assaulting a police officer, the sentencing or penalty will depend on exactly what the police charge the person with. But typically, you would be looking at up to a year in a county jail if the defendant is charged with a misdemeanor. In California, assault on a police officer is defined under Penal Code 241(c) and battery on a police officer under Penal Code 243.
You'd also be looking at other terms and conditions. You'd be put on probation for up to three years. Then, you'd be subject to being punished further if you violate the terms and conditions of your probation.
In addition to jail time, you could be subject to community work orders to stay away from certain locations or people, while also obtaining other restrictions on your liberty.
Obviously, you don't want to get charged and convicted of any type of behavior against a police officer. Not only will you get punished for it and ordered to do certain things, it's going to be on your criminal record.
Nobody wants to have bad behavior related to police officers on their criminal record. If you do, you're putting yourself in a situation where people will be looking at you in a bad light, even though there is another side to the story.
In these cases, I look at every angle. I first determine whether prosecutors will be able to prove a case against you. If I determine that they're not going to be able to prove the case against you, then I'll try to get the prosecutors to dismiss the case, or we could take the case to trial and try to beat it and get a not guilty verdict.
On the other hand, if I can see that they are going to be able to make a case against you, then I will talk to the prosecutors. I'll talk to you about it, and we'll try to come up with a resolution that makes sense for you, your job, your future, your family and your freedom.
Can a Conviction for Assault Against a Police Officer be Dismissed From My Record Under California Law?
Under California law, it is possible to get a conviction for assault against a police officer dismissed from your record. Once you get arrested for assaulting a police officer in Los Angeles, the DA usually has to make the decision of violence.
A lot of times, when I get hired, people mistakenly ask me to get the case dismissed. The reality is that when the police arrest you and a future court date is set, I'm going to try to avoid a filing if you hire me before that court date.
I'm going to try to convince the prosecutors not to file the case in the first place. That way, there's nothing to dismiss. We don't want to file. If the case is filed, and I get on the case, I can approach the prosecutors.
I can show them your side of the story, and we can convince them that there's no crime and that the police just dummied up charges against you in order to justify their bad behavior. The prosecutors have the authority and the discretion to dismiss the case.
Seeking A Case Dismissal
Other angles that I've been able to use, short of them completely dismissing the whole case, is to get them to dismiss the charges related to the police officer and plead guilty or no contest to other less serious charges.
Of course, we're going to have to talk about it and see whether or not they'd be able to prove the case against you at a criminal jury trial. If we think they're going to be able to prove certain charges, then we may make the decision to try to work out a resolution where you don't plead guilty to charges that are related to assault and conductor behavior against the police.
Perhaps, you could plead to disturbing the peace, trespassing, or another more innocuous charge that doesn't have the negative connotation involving police officers.
Again, I've been doing this for 26 years. I've had a lot of success in defending my client as it relates to police officers. I suggest that if you need help, pick up the phone, ask for a meeting with Attorney Ron Hedding, and we'll make the right moves for you moving forward.
We'll get you out of the criminal justice system as fast as possible.
Hedding Law Firm is a criminal defense law firm located in Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436. Contact us for a free case evaluation at (213) 542-0979.