An assault on a police officer is prosecuted under Penal Code 241 in California. Assault involves attempting to use force on someone else. PC 241 deals specifically with situations involving law enforcement officers.
The results of a PC 241 conviction include fines and incarceration. The Simmrin Law Group can help you build your defense. Call us today to get started on your defense case.
More broadly, the act of assault involves attempting to apply force to someone else in a way that is harmful or offensive.
Note that assault does not always include physical harm. Individuals do not have to cause an injury to face an assault conviction. In fact, causing someone harm could lead to battery charges instead. Assault charges can apply any time an individual tries to apply force to someone else.
Assault on a Police Officer in California
Individuals can face assault charges for attempting to use force on anyone in California. However, PC 241 charges only apply if someone attempts to use force on a select group of people. Police officers are not the only individuals covered under PC 241. This charge applies if someone assaults any peace officer, including:
- Traffic officers
- Officers of the California Highway Patrol
- Paramedics or EMTs
- Animal control officers
This charge may also apply if someone assaults a search and rescue member. Finally, doctors and nurses may be considered peace officers if they are working to offer emergency medical treatment.
Importantly, PC 241 charges only apply in some situations. A peace officer must be carrying out their duties at the time of the assault for PC 241 to apply. Additionally, individuals must act with intent in order to face an assault conviction in California. Find out more about these charges by contacting a criminal defense lawyer right now.
The Outcome of a Conviction for an Assault on a Police Officer
An assault on a police officer is considered a misdemeanor in California. Individuals who are convicted under PC 241 face a number of penalties. In some cases, a conviction can result in:
- Fines of up to $2,000
- Jail time of up to one year
- Summary probation
Additional Consequences of a PC 241 Conviction.
A conviction of a PC 241 charge can have lasting effects on your life beyond your jail time or probation. Having this charge on your record can make it more difficult to find employment or housing. Additionally, it could lead to tougher sentencing if you are convicted of another crime in the future.
Many immigrants charged under PC 241 worry it could affect their immigration status. Fortunately, as a misdemeanor, PC 241 does not usually have this effect. Additionally, it should not impact an individual’s right to buy or own firearms.
Charges Related to PC 241
Note that there are many offenses associated with PC 241 charges. Individuals can also face charges for:
- Resisting an executive officer
- Resisting arrest
- Battery on a police officer
Battery on a police officer can lead to more severe penalties. Battery involves actually causing harm to another person. This charge generally results in higher fines and a longer period of incarceration.
Legal Options to Handle Assault on a Police Officer Charges
It’s important to consider your legal options if you are accused of a PC 241 violation. Several legal defenses can work in this situation. A Los Angeles criminal defense lawyer can help you review your options. Your lawyer could work to show that:
- You did not commit assault
- The peace officer was not on duty at the time of the assault
- You were acting in self-defense
You did Not Commit Assault
If you did not actually assault a police officer, you should not be convicted of this crime. The burden of proof lies with the prosecution, so there needs to be sufficient evidence that an assault really occurred. Unfortunately, the word of a police officer can carry a lot of weight, so it is important to provide as much evidence of your innocence as possible.
The Peace Office Was Not on Duty at the Time of the Assault
Penal Code 241 charges only apply if the peace officer was serving in their official capacity at the time of the alleged assault. While this defense might not protect you from a potential conviction for simple assault, it can be effective against a PC 241 charge. The result can be that the potential consequences are half as harsh as what you would face under PC 241.
You Were Acting in Self-Defense
If you were the one originally assaulted by the police officer and were simply acting in self-defense, you should not be convicted of a violation of PC Section 241. However, you will need a lot of supporting evidence to show that the police officer is the one who initiated the attack.
A lawyer could work to block evidence against you after an assault on a police officer accusation. They may also be able to take steps to reduce the charges you are facing. You may even be able to get your charges expunged after a conviction.
Consider all of your options after an arrest by reaching out to the Simmrin Law Group right now. Let us help you in or out of court.
Work With a Lawyer After an Assault on a Police Officer Accusation
Want to learn more about Penal Code 241? Speak to the Simmrin Law Group about an assault on a police officer charge. We can help you construct a defense to deal with these charges. Find out how by calling us for a free consultation. You may also complete our online contact form.