Assaulting a police officer is an offense whose punishment is severe. It is natural for misunderstandings with police officers to escalate. However, these interactions could lead to criminal charges. Prosecutors will pursue charges under PC 241 if you intentionally attempt to apply force on a police officer while he/she is on duty. Therefore, acts including striking, punching, throwing objects, or kicking an officer will result in criminal charges. It is worth pointing out that the force used does not have to result in injury for an assault on a police officer to occur. Even a minor physical altercation or threatening behavior can result in criminal charges.

Let us examine the offense in detail.

Assault on a Police Officer Under California Law

Penal Code 241 makes it a crime to assault another person using force likely to produce great bodily injury. Under this law, it is a crime to willfully and unlawfully use force or violence upon another person that is likely to cause grave physical harm.

Great bodily harm is defined as significant or substantial injury. A broken bone, a severe laceration, or a severe burn are classic examples of significant injuries.

Penal Code 241(c) expressly addresses assault on peace officers.

Elements of the Crime

Prosecutors must prove several elements beyond a reasonable doubt to secure a conviction for assault on a police officer. The elements are:

  • You willfully and unlawfully attempted to commit a violent injury to a peace officer.
  • The peace officer was engaged in the performance of his/her duties at the time of the attempted assault.
  • You had the ability to commit the assault, and
  • You knew or should have known that the person they were trying to assault was a peace officer.

The jury will return a guilty verdict if the prosecution can prove all of these elements. Here is a look at critical elements in detail:

Attempted to Commit a Violent Injury

Penal Code 241 requires that you act with deliberateness. However, it does not demand you to apply force on the police officer successfully. The law explicitly targets attempts to inflict injury on an officer. 

Application of Force

Any intentional use of physical force against a police officer that would likely cause injury or harm is an application of force. Force can include hitting, punching, kicking, or pushing an officer, as well as throwing objects or using weapons against them.

Note: The law requires the officers to be on duty when the alleged incident occurs. Therefore, if the officer was off-duty or you had no way of knowing he/she was an officer, you are not guilty of a PC 241(c) violation. 

Other Professionals

Penal Code 241(c) not only addresses assault on police officers but other professionals deemed essential due to the nature of their tasks. The list of potential victims under PC 241(c) includes the following:

  • Police officers.
  • Firefighters.
  • California Highway Patrol (CHP) officers.
  • Emergency medical technicians (EMTs) or paramedics.
  • Lifeguards.
  • Process servers.
  • Code enforcement officers.
  • Traffic officers.
  • Animal control officers.
  • Parking control officers.
  • Search and rescue members, and
  • Doctors or nurses providing emergency medical care at the time of the alleged incident.

Therefore, if you commit an assault against any of these individuals, you violate PC 241(c).

Legal Defenses You Can Assert in an Assault on a Police Officer Case

If you are facing charges of assault on a police officer, there are several legal defenses that your attorney could assert on your behalf. The choice of an ideal defense strategy is based on your attorney’s assessment of your case. Here are a few examples:

  1. Self-defense

You can only claim self-defense if you reasonably believed that you or another was in immediate danger of bodily harm. Further, you must have considered that the use of force was necessary to protect yourself or another from that danger. The law also requires that the force used be proportional to the threat, meaning that it cannot be excessive or retaliatory.

This defense is only applicable if you reasonably believed that the officer was using excessive force or that your or another’s safety was in danger. However, successfully asserting a self-defense claim can be difficult. If the evidence supports your claim, the courts will dismiss your charges.

  1. Lack of Intent

You could assert the lack of intent if you lacked the intent to assault the officer. Additionally, this defense is applicable if you did not realize that your actions could be considered assault. Your attorney will argue that you did not have the mental state required to be convicted of the crime.

Prosecutors must prove that you acted intentionally. They must produce evidence of your actions demonstrating a clear intent to commit the act of violence against the alleged victim. If you did not intend to cause harm, your attorney would argue that you lacked the necessary intent for the crime. This could occur, for example, in situations where the defendant acted in self-defense, under duress, or in response to a sudden, unexpected threat.

A lack of intent is a valid defense if you did not intend to harm the officer or acted out of fear or panic in response to the officer's actions. However, the specifics of the defense will depend on the case's particular circumstances.

  1. Excessive Force

If the officer used excessive force against you, or if you reasonably believed that the officer was using excessive force, your attorney could argue that you acted in self-defense and did not intend to assault the officer.

The excessive force defense in an assault on a police officer case argues that the defendant used force against the officer because the officer used excessive force or acted unlawfully. This defense is only successful if the defense proves that the officer's use of force was excessive and that the defendant's actions were a reasonable response to that excessive force.

This defense can be tough to prove, as police officers are granted a certain amount of latitude in their use of force when making an arrest or performing their duties. Additionally, the defense must show that your use of force was proportionate and necessary in the circumstances. You must not have acted out of retaliation or anger.

An experienced criminal defense attorney can help build a strong defense strategy based on the facts of the case. He/she will present evidence of the officer's excessive force or misconduct to support this defense.

  1. No Assault Took Place

In cases where an officer falsely accuses you of assault, or if there is insufficient evidence to support the charges against you, your attorney will assert that no assault occurred. The courts will likely dismiss the charges against you.

A "no assault" defense in an assault on a police officer case is based on the argument that no assault took place. This defense is applicable when the prosecution cannot prove that the defendant used force against the officer or when the force used was accidental or unintentional.

For example, if you did not know the person they were interacting with was a police officer and engaged in an altercation. You could argue that no assault took place. Additionally, if your actions did not rise to the level of assault, your attorney could argue that the charges should be reduced or dismissed altogether.

A skilled criminal defense attorney can help build a strong defense strategy based on the facts of your case. He/she could challenge the prosecution's evidence or present additional evidence to support this defense.

These are just a few examples of the legal defenses available to you in an assault on a police officer case. The best defense strategy will depend on the specific circumstances of your case. It is thus necessary to work closely with an experienced criminal defense attorney to build a strong defense and protect your rights.

Penalties for Assault on a Police Officer

A PC 241(c) violation is a misdemeanor. A conviction will result in the following penalties:

  • Up to one year in county jail.
  • Fines of up to $2,000.
  • Probation instead of jail time.

However, a conviction for assault on a police officer does not result in immigration consequences. It also does not adversely impact your gun rights.

Expungement of an Assault on a Police Officer Conviction

It is possible to have a conviction for assault on a police officer under Penal Code 241(c) expunged. However, the facts of your case and the court's discretion significantly impact the outcome of your application.

In general, expungement is available for most misdemeanor and some felony convictions, including assault on a police officer. You are only eligible for expungement of an assault on a police officer conviction if you have:

  • Completed all the terms of your sentence, including probation.
  • Paid any fines or restitution.
  • Not have committed any new crimes since the conviction.

You will also need to file a petition with the court requesting expungement. Judges will consider factors including your criminal history and the impact of the conviction on your life in deciding whether to grant the petition.

Expungement can be valuable for clearing your record and recovering from a criminal conviction. However, you must consult an experienced criminal defense attorney to determine your eligibility and guide you through the process.

Related Offenses

The prosecutor can opt to add other related offenses to your charge sheet. Alternatively, they could opt to drop the PC 241(c) charges and pursue any of the following crimes if the evidence supports the move.

  1. Battery on a Police Officer – A PC 243 Violation

Penal Code 243 defines the crime of battery on a police officer as the willful use of force or violence upon a peace officer engaged in performing their duties. Potential victims include police officers, firefighters, emergency medical technicians, lifeguards, search and rescue members, and other public safety officials.

The state makes its case by proving the following elements:

  • You deliberately and unlawfully touched another person in a harmful or offensive manner.
  • The alleged victim was a peace officer engaged in the performance of their duties and
  • You knew or reasonably should have known that the alleged victim was a peace officer engaged in their responsibilities.

If convicted, the penalties for battery on a police officer can include the following:

  • Up to one year in county jail and/or a fine of up to $2,000 for a misdemeanor offense, or
  • Up to three years in state prison and/or a fine of up to $10,000 for a felony offense.

Additionally, a conviction for battery on a police officer can have long-lasting consequences, including the loss of certain civil rights and employment opportunities.

Note: Under Penal Code 241(c), assault on a police officer is an attempt to use force or violence on an officer, while PC 243, battery on a police officer, involves using force or violence on an officer.

  1. Resisting Arrest – A Crime Under PC 148

Penal Code 148 makes it a crime to resist, delay, or obstruct a law enforcement officer or emergency medical technician in performing their duties. It is commonly known as resisting arrest.

Under PC 148, it is illegal to willfully resist, delay, or obstruct a peace officer or emergency medical technician in the discharge or attempted discharge of any of their responsibilities. This can include any act that makes it more difficult for the officer to perform their duties, including physically struggling against an officer, giving false information to an officer, or interfering with an arrest.

The jury will only convict if the following elements are proven to be accurate:

  • You intentionally obstructed, resisted, or delayed a law enforcement officer while performing their official duties.
  • The officer was engaged in performing their duties at the time of the resistance.
  • You knew or reasonably should have known that the alleged victim was an on-duty law enforcement officer.

Resisting arrest is generally a misdemeanor offense. However, if you use force or violence against the officer, the crime can be charged as a felony. Additionally, if the resistance or obstruction results in serious bodily injury to the officer, the offense can be charged as a felony with a potential prison sentence of up to three years.

  1. Resisting an Executive Officer – A PC 69 Violation

It is a crime under Penal Code 69 to resist an executive officer. This offense is similar to resisting arrest under PC 148. However, the victim, in this case, is an executive officer. Examples include a police chief, a sheriff, or a mayor.

Under PC 69, it is illegal to use threats or violence to resist, obstruct, or delay an executive officer's discharge of their mandate. This can include physically resisting an officer, threatening to harm an officer, or attempting to prevent an officer from carrying out their duties.

A jury will only convict if the following are true:

  • You knowingly resisted, obstructed, or delayed a law enforcement officer or another executive officer while they performed or attempted to perform their official duties.
  • The officer was lawfully performing or attempting to perform their official duties when the defendant resisted, obstructed, or delayed them.
  • You knew or reasonably should have known that the person you were resisting, obstructing, or delaying was a law enforcement officer or other executive officers.

Resisting an executive officer is a felony offense, with a potential prison sentence of up to three years.

If the resistance or obstruction involves using force or violence against the officer, the offense can be charged as a felony with a potential prison sentence of up to four years. Additionally, if the resistance or obstruction results in serious bodily injury to the officer, the offense can be charged as a felony with a potential prison sentence of up to seven-year

  1. Threatening a Police Officer – A Crime Under PC 71

Penal Code 71 makes it a crime to threaten a public official, including police officers, to deter or prevent the official from performing their duties. The offense is known as "criminal threats to a public official."

You are only guilty if the following are true:

  • You made a threat to use force or violence against a public official, including a police officer.
  • The threat was with the specific intent to deter or prevent the official from performing their official duties; and
  • The threat was unequivocal, unconditional, immediate, and precise.

Threatening a police officer or public official is considered a felony. The penalties for a conviction of threatening a police officer can include the following:

  • Imprisonment for two, three, or four years in state prison and/or
  • A fine of up to $10,000.

Additionally, the courts could order you to pay restitution to the victim and serve a probation period following your release from custody. The exact penalties vary depending on the specific facts of the case and any aggravating or mitigating factors present.

Contact a Los Angeles Criminal Defense Attorney Near Me

Facing prosecution is challenging, even if the crime is a misdemeanor. The potential adverse impact a conviction will have cannot be ignored. That is why it is best to get in touch with an experienced criminal defense attorney to fight the charges. Contact The LA Criminal Defense Law Firm at 310-935-1675 and let us help you fight the charges.