In California, if someone is convicted of assaulting a police officer, the sentencing or penalty will depend on precisely what the police charge the person with. Typically, you would look up to a year in county jail if the defendant is accused of 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, if you violate the terms and conditions of your probation, you'll be punished further.
In addition to jail time, you could be subject to community work orders to avoid certain locations or people and obtain other restrictions on your liberty.
Obviously, you don't want to be charged and convicted of any type of behavior against a police officer. Not only will you be punished for it and ordered to do certain things, but it will also 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 look 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 can prove a case against you. If I decide they cannot demonstrate the case against you, I'll get the prosecutors to dismiss it. We could also take the case to trial, try to beat it, and get a not-guilty verdict.
On the other hand, if 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 devise a resolution that makes sense for you, your job, your future, your family, and your freedom.
Can a Conviction be Dismissed?
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 decide violence.
When I get hired, people mistakenly ask me to dismiss the case. 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 will 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 fabricated charges against you to justify their bad behavior. The prosecutors have the authority and discretion to dismiss the case.
Seeking A Case Dismissal
Other angles that I've been able to use, short of completely dismissing the whole case, are getting them to dismiss the charges related to the police officer and plead guilty or no contest to other less serious charges.
Of course, we'll have to talk about it and see whether they could prove the case against you at a criminal jury trial. Let's think they're going to be able to demonstrate certain charges. We may decide 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.
You could plead to disturb the peace, trespass, or another more innocuous charge that doesn't have a negative connotation involving police officers.
Again, I've been doing this for 26 years. I've had a lot of success defending my client against police officers. I suggest that if you need help, pick up the phone and ask for a meeting with Attorney Ron Hedding, and we'll make the right moves for you moving forward.
