Assault is the threat or attempt to use force against another person. Ordinarily, simple assault is a misdemeanor, punishable by up to six months in jail and a $1,000 fine. However, when committed against a first responder or protected government employee, it becomes a more serious offense. These penalties are set by California Penal Code Section 241 (PC).
Facing charges for assaulting a police officer in California can be intimidating. Under Penal Code 241(c), this crime carries enhanced penalties and lasting consequences. Vista and San Diego defense attorney Peter M. Liss can help.
What Professions are Covered by 241 (PC)?
“This law is most commonly filed against people who have threatened or attempted to injure police officers,” explains Liss, “however, it also protects firefighters, other first responders, and government workers.” In fact, the law specifically covers:
- Parking Control Officers
- Peace Officers (including police officers, sheriff’s deputies, California Highway Patrol officers, and more)
- Firefighters
- Emergency Medical Technicians
- Lifeguards
- Process Servers
- Code Enforcement Officers
- Animal Control Officers
- Search and Rescue Workers
- Physicians
- Nurses
- Probation Officer (covered by 241.1 (PC))
What Are the Elements of This Crime?
To convict someone of these charges, the prosecutor must be able to show a number of things are true. If they cannot prove these elements, a defense attorney may be able to have the charges dismissed or reduced to simple assault. The DA must be able to show:
An Assault Took Place
California defines assault as “an unlawful attempt, combined with a present ability, to inflict violent injury on another person.” To meet this standard, someone must have not only threatened or attempted to use force on another person, but also be in a realistic position to do so. For example, if someone handcuffed by police and says, “I’m going to punch you right now,” it would not be assault because they lack the present ability to harm the officer.
The Victim Was Working
In California, you cannot face an additional sentence for assaulting an off-duty peace officer enjoying a beer at the bar. However, the law specifically covers individuals “engaged in the performance of his or her duties,” so even if the victim is technically off-duty, it is against the law to harm them if they are still performing a task related to their work.
So you wouldn’t be subjected to enhanced penalties if you assaulted a firefighter officer relaxing at the bar after work, unless he was actively engaged in an activity related to his job.
The Defendant Knew The Victim Was a Protected Worker
“You aren’t expected to know someone’s job at a glance,” says Liss. “But if an EMT is in uniform or an officer shows a badge, it’s hard to claim you didn’t know who they were.” As above, you should also avoid enhanced penalties for assaulting an off-duty firefighter actively engaged in his duties, unless you knew (or should have known) he was a firefighter.
What is the Sentence for Assault on a Police or Peace Officer?
Standard assault is punishable under 241(a) (PC). It carries a penalty of one year in jail and $1,000 in fines.
However, if the protected employee is a parking control officer, 241(b) (PC) applies instead, raising the maximum fine to $2,000.
For simple assault against nearly all other protected employees, the charge is filed under 241(c) (PC), with the exception of probation workers, who are covered by 241.1 (PC). Both of these sections are misdemeanors punishable by up to 1 year in jail and a fine of up to $2,000.
Penalties for Assault with a Deadly Weapon Against a Police Officer
Using a weapon makes the crime an “aggravated assault,” which carries harsher penalties under Penal Code 245 (PC). Interestingly, this law only applies enhanced penalties against those who attack peace officers or firefighters. Assault with a deadly weapon against EMTs or other workers results in standard sentencing. Penalties for 245 (PC) depend on the weapon type and whether the victim was a firefighter or police officer:
| Offense | Most Cases | Police Officer or Firefighter as Victim |
| Assault With a Deadly Weapon Other Than a Firearm | As a misdemeanor, up to one year; As a felony, up to four years | Always a felony, punishable by up to five years |
| Assault With Most Firearms | As a misdemeanor, up to one year; As a felony, up to four years | Always a felony, punishable by up to eight years |
| Assault With a Semiautomatic Firearm | Always a felony, punishable by up to nine years | Always a felony, punishable by up to nine years |
| Assault With an Assault Rifle, Machine Gun, or .50 BMG | Always a felony, punishable by up to 12 years | Always a felony, punishable by up to 12 years |
Assault with a deadly weapon is considered a violent strike in California under the state’s three strikes law, meaning you will need to serve out 85% of your sentence before you become eligible for parole. Additionally, if you have a prior strike on your record, your sentence will be doubled, and if you have two prior strikes, you may be sentenced to life imprisonment.
Defenses to Assault on a Peace Officer
There are many ways to fight assault on a police officer charges in California. The best defense depends on your unique circumstances. Common defenses include:
Insufficient Evidence
It can help to argue the prosecutor is unable to fully prove every element required under the law. To secure a conviction for 241(c) (PC), the prosecution must show:
- you committed an assault
- you knew the victim employed in one of the positions mentioned in the law
- the individual was on duty or actively performing their duties when the alleged attack occurred
- the attack was intentional
Even if an assault occurred, you may not face enhanced penalties. If you had no way to know someone was a police officer, you should be charged with simple assault.
Similarly, you are not guilty if the act was accidental. For example, if you almost punched a police officer while trying to hit a punching bag, you did not commit a crime.
Self-Defense
If the alleged victim was threatening or harming you or someone else, you may be able to fight the charges by arguing that you were acting in self-defense. If successful, this is a complete defense, meaning you will avoid all consequences.
However, this defense is difficult to use if you are accused of assaulting a uniformed police officer, as it requires showing the arrest was illegal or that the officer was using excessive force. Using force against an officer performing a legal arrest is a crime. Never attempt to use this defense to these charges without your attorney present.
False Allegations
Sometimes, you may be able to show the charges stem from false accusations. While this defense may be difficult when police officers are involved, you can strengthen your case with evidence from police body cams, videos of the officers performing, or multiple witnesses.
Plea Deals
In many cases, the best defense to these charges is to plead them down through a plea bargain that reduces the offenses to simple assault rather than enhanced charges.
Related Charges
Those accused of assaulting an officer may also face other criminal charges, including:
- Battery on an officer
- Unauthorized entry into a closed emergency area
- Interfering with the duty of a firefighter
- Sightseeing at the scene of an emergency
- Resisting arrest
- Resisting an executive officer
Frequently Asked Questions
What is the difference between assault and battery on a police officer in California?
While these two terms are often used together, they’re not the same. To put it simply, assault is the threat or attempt to use force, while battery involves the successful use of force.
Is assault on a police officer a felony or misdemeanor?
This offense is a misdemeanor, unless a weapon is used, in which case it may be charged as a felony.
Can 241 (PC) charges be dropped?
Yes. In some cases, these charges can be dropped with the help of a skilled defense attorney.
Call a Criminal Defense Attorney Today
Assaulting a police officer is a serious offense that can result in jail. If you have been accused of this violent crime, an attorney can help fight the allegations and ensure you get the optimal outcome. If you have been charged with any type of assault, please contact Vista and San Diego County defense lawyer Peter M. Liss at (760) 643-4050 to schedule a free initial consultation.
