17 Feb 23
California assault laws criminalized the willful use of force or threats of violence against another person. If you assault a law enforcement officer, you could be arrested and charged under California Penal Code 241. Police officers are a protected group of individuals in California. Therefore, a crime against them will attract severe legal consequences after a conviction. A PC 241 conviction is a misdemeanor that attracts a jail sentence, fines, and sometimes probation.
Before your conviction, the prosecutor must prove all the elements of crime failure to which you have a chance to fight the charges and avoid a conviction. California laws on assault are complicated. Therefore, you must hire and retain a skilled criminal attorney to navigate the case. Your attorney can help protect your rights and build a defense to avoid the consequences of a criminal conviction.
What is Assault on a Police Officer?
The safety of peace officers is a priority in California. Therefore, it is illegal to use force or attempt to use violence against a police officer. When you face an arrest for assaulting an officer, the prosecution must prove these elements of the crime beyond a reasonable doubt to obtain a conviction:
You Engaged in an Act that Could Result in the Application of Force
The first element that must be clear when establishing guilt under PC 241 is the attempt to use force. Application of force, in this case, means that you touched the alleged victim offensively. Any slight touch done rudely could suffice as assault. However, you must understand that evidence of your intention to use force or physical injury is not necessary to prove an assault.
Your Actions Were Willful
Your offensive contact with a law enforcement officer is not considered assault if your actions were unintentional. Therefore, the prosecution has the burden to prove that you willfully touched the officer or acted in a way that could result in the application of force against them.
You Had the Present Ability to Apply Force to the Person
You cannot be found guilty of assault unless the prosecutor proves that you had the present ability to use force against the alleged victim. A defendant is considered to have a current ability to apply force if they can push through with their threats towards the victim.
You Knew that the Victim was a Police Officer
The most critical element of Penal Code 241 is proving the alleged victim’s identity. The definition of assault is the same for most assault crimes. However, the fact that your victim is a police officer dictates the nature of your charges. Before your conviction under this statute, the prosecution must prove your knowledge of the victim’s identity. You could face more severe charges and penalties if the police officer performed their lawful duties.
Sentencing and Punishment for Assault on a Police Officer
The prosecution will present physical and circumstantial evidence to support the elements of the crime and obtain a conviction in your case. If you are found guilty under this statute, you risk facing a one-year jail sentence and fines of up to $2,000. Sometimes, the court may sentence you to probation instead of jail.
Probation for Assault on a Police Officer
Probation is an alternative sentencing option the court uses to reduce crowding in jails. Instead of serving your one-year jail sentence for assaulting a law enforcement officer, the court can send you to misdemeanor probation. With this type of sentence, you will spend one to three years in community service.
Probation is not automatic for misdemeanor convictions. Your attorney must negotiate with the prosecution for the sentence. Often, the court will be willing to send you to probation if you are a first-time offender and there are no aggravating factors in Your case. If there is no evidence that you harmed the police officer, you will be sent to probation.
Serving probation allows you to avoid the stigma of spending time in jail. However, if the sentence does not suit your best interests, you can decline it and serve your jail sentence. While on probation, the court may require you to meet the following conditions:
- Pay court fines.
- Participate in group or individual therapy.
- Complete treatment programs like anger management.
- Participate in community service.
- Abstain from alcohol or drug use while on probation.
- Submit to random drug testing.
- Avoid engaging in criminal conduct.
If you violate any of these probation conditions, you could be arrested and charged with probation violation. At the probation violation hearing, the court determines whether or not you violated one of the terms. If you are found to have violated probation conditions. The court may impose more severe conditions or revoke the probation. A revocation of your probation would take you back to jail to serve the original or maximum sentence for your conviction.
Defenses Against California Penal Code 241(c) Charges
Assault on its own is a severe crime. Facing an arrest and criminal charges for assaulting a police officer is much more severe and will attract severe legal and collateral consequences. Therefore, you must be aggressive to fight the charges and avoid a conviction. The following are common defenses you can use against your charges:
No Willful Intent
You will only be found guilty of assaulting a police officer if the prosecutor can prove that you acted willfully. A willful action is something that you do intentionally. You can avoid a conviction by arguing that your contact with the officer was accidental. For example, if you interact with an officer and mistakenly touch them, your actions could be interpreted as an assault.
Self-Defense
In California, you have a right to defend yourself against physical attacks. This right applies even when the person attacking you is a police officer. For most assault cases, you can argue that you acted in self-defense. Self-defense is applicable in your case under the following conditions:
- You reasonably believed that you were in danger of severe bodily injury.
- You believed that the immediate use of force was necessary to defend yourself from harm.
- You only used reasonable force required to protect yourself and not harm the police officer.
When proving that your assault charges are based on an act of self-defense, you can file a pitchess motion. A pitchess motion is a request to inspect a police officer’s file for evidence of misconduct. The following are types of police records that are open to the public:
- A law enforcement officer uses force that results in the death or severe injury to another person.
- An officer committed sexual assault.
- A police officer shoots a gun at another person.
- An officer commits a dishonest act, such as filing false reports and perjury.
This fact can support your self-defense theory if there is a documented history of the officer’s misconduct.
The Alleged Victim was not a Police Officer
California Penal Code 241 seeks to prosecute individuals who assault law enforcement officers. While the definition is similar to simple assault, the victim’s identity worsens your situation. Therefore, you can fight your charges by arguing that the alleged victim was not a police officer or protected class member. Although this defense will not allow you to walk free, you will face the penalties for simple assault, which is a lesser offense.
Insufficient Evidence
In California, assault is an unlawful attempt coupled with the ability to commit a violent offense against another person. Before you face a conviction, the prosecution must prove all the elements of the crime beyond a reasonable doubt. The prosecutor established these elements by presenting both physical and circumstantial evidence. If one of the elements is not cleared or you cast reasonable doubt on the prosecutor’s case, you can argue a lack of insufficient evidence as your defense.
Violation of your Constitutional Rights
Even if you are suspected of committing a crime in California, you have constitutional rights that must be respected during the arrest, investigation, and prosecution. Unfortunately, some law enforcement officers ignore the rights by engaging in the following violations:
- Failure to read your Miranda rights. After a formal arrest, the police officer must read your rights which informs you of the right to remain silent and the right to obtain legal representation.
- Coerced confessions. Sometimes, the police officers may threaten you or your family members to force you into confessing to a crime you did not commit. If this is a factor in your case, you can claim a violation of your rights.
- Excessive use of force. Unless you resist arrest or threaten an officer’s safety, law enforcement must use only the necessary force to arrest you. Excessive force violates your right to be free from unreasonable searches.
If you can prove that any of these violations occurred during your investigation, you can file a motion to dismiss the evidence collected.
False Allegations
Evidence of physical violence or injuries is not necessary to prove that you assaulted another person. Therefore, it is not uncommon to fall victim to false allegations. For example, if you shout at a police officer, they can exaggerate the situation and accuse you of assault. With the guidance of a skilled criminal attorney, you can uncover the false allegations scheme and avoid the consequences of a conviction.
Mental Health Instability
Suffering from a mental disability does not exempt you from criminal responsibility. However, your criminal defense attorney can argue that you did not understand the nature and consequences of your actions toward the police officer. The court will carry out a thorough investigation to determine your mental state and confirm your claims. If you are found guilty of your charges and have a mental disability, the court can explore alternative sentencing and incorporate programs that help you with your mental health.
Expunging a Penal Code 241 Conviction
The consequences of a conviction for assaulting a police officer can affect your life long after serving your jail sentence and paying the fines. The collateral consequences may include difficulty obtaining employment and suspension of a professional license. Fortunately, there are ways through which you can avoid the disabilities associated with your conviction.
California Penal Code 1203.4 is a post-conviction relief that can release you from the penalties of your PC 241 conviction. You are eligible for expunging your record if you meet the following criteria:
- You have completed your probation. The court can sentence you to misdemeanor probation instead of jail for assaulting a law enforcement officer. Before petitioning the court for an expungement relief, you must have completed your probation term and followed through with probation conditions.
- You are not facing charges or serving a sentence for another crime.
Expressing your conviction will involve the following steps:
- Fill out the paperwork. With your criminal lawyer’s guidance, you must complete the paperwork to expunge your record. This can include indicating all information about your arrest and completion of probation.
- File for expungement. When you complete the paperwork, you will submit the petition to the court and await a response.
- Attend an expungement hearing. At the expungement hearing, the prosecution can dispute your petition by presenting counter-evidence why you don’t deserve the relief. The court can grant an expungement relief if you can hold down a job and have no additional convictions. You can review your application and reapply if the court denies your petition.
After a successful expungement of your PC 241 conviction, an employer cannot use the conviction to discriminate against you. Additionally, it will be easier to obtain a professional license. However, you must understand that an expungement does not erase the conviction on your record.
Plea Deals for Penal Code 241
A plea deal is an agreement between the criminal defendant and the prosecution where you plead guilty to a lesser offense in exchange for the dismissal of your underlying offense. Several plea options are available for defendants facing charges of assault on a police officer.
Depending on the facts of your case and the possibility of a conviction, a skilled criminal attorney will advise you on whether to accept a plea deal. Mostly, the prosecution will agree to sentence you for a reduced charge when their assault case against you is not strong, or they lack sufficient evidence to prove all the elements beyond a reasonable doubt.
A prosecutor could agree to dismiss your PC 241 charges if you plead guilty to the following:
Disturbing Peace
Under California Penal Code 415, disturbing peace involves acts like fighting in public, playing loud music, or using offensive language. If you fight in public and a police officer attempts to separate you, touching the officer offensively will attract assault charges. However, the prosecution could lack sufficient evidence to prove your actions were willful. In this case, you can negotiate with the prosecution to reduce your assault charge to disturbing peace.
The maximum sentence for disturbing the peace in California is 90 days in county jail and $400 in fines. This sentence is significantly lower than the one year in jail and $2,000 fines you will suffer for assaulting a police officer. Additionally, a PC 415 conviction may not affect your ability to obtain employment or a state license. Prosecutors are reluctant to reduce your charges. Therefore, having a skilled attorney to help you negotiate the deal is critical.
Misdemeanor Trespass
California PC 692 defines trespass as entering or remaining on another person’s property without permission. The most common acts prohibited under this statute include:
- Entering someone’s property with the intent to cause damage.
- Entering a building to interfere with business activities.
- Failure to leave private property after the owner asks you to do so.
- Occupying property without the owner’s consent.
If you have an altercation with a law enforcement officer while you attempted to trespass, you can negotiate a deal where you plead guilty to trespass, and your assault charge is dismissed. A conviction for misdemeanor trespass attracts a six months jail sentence and a fine that does not exceed $1,000.
Rioting
You can be charged with rioting if you willfully engage in a public riot. A riot involves two or more people disturbing public peace or threatening violence without legal authority. If you engage in conduct that could result in applying force against a law enforcement officer while rioting, the prosecution can reduce your assault charge to Penal Code 404. A conviction for rioting attracts a six months jail sentence and a $1,000 fine.
Find a Competent Criminal Lawyer Near Me.
Under California Penal Code 241, assault of a police officer involves an unlawful attempt with the present ability to inflict force or violence against a police officer. Assault can potentially cause serious bodily injury or death, making it a serious offense in California. When you couple this with assaulting a police officer, you will be looking at jail time and high fines. In addition to spending time in jail, a conviction for assaulting a law enforcement officer attracts severe collateral consequences.
Fortunately, not all arrests under this statute will result in a conviction. With the guidance of a skilled attorney, you can fight to have your charges reduced or dismissed. At Leah Legal, we offer expert legal advice to all our clients battling Penal Code charges in Van Nuys, CA. Call us today at 818-484-1100 to discuss the details of your case.
