Assault on a school employee is against the law in California. Individuals accused of this act face charges under Penal Code 245.5.
All school employees are protected under PC 245.5, including temporary employees. Teachers and other staff can face acts of assault, which is an individual’s attempt to use force on someone else.
The team at the Simmrin Law Group understands PC 245.5 charges. Learn more about the defenses available to you by contacting us at (310) 896-2723. Get answers to your legal questions today.
Understanding Assault in California
It is against the law to assault anyone in California. Assault is prosecuted under Penal Code 240. According to PC 240, an assault occurs if someone tries to use force on another person. To be charged under PC 240, an Individual must:
- Act intentionally, and
- Attempt to touch someone in a way that is offensive or harmful
An individual can face assault charges even if they do not harm another person. Attempting to touch someone else in a harmful or offensive way can lead to assault charges. You can be convicted even if no one experiences an injury.
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Assault on a School Employee in California
PC 245.5 deals specifically with acts of assault involving school employees in the state of California. A school employee can be any of the following:
- Teachers
- Principals
- Teaching assistants
- Office workers
Anyone employed by the school district may qualify as an employee, including probationary employees. PC 245.5 charges should only apply to acts of assault that occur while a school employee is working. This means an individual must be carrying out their work duties at the time of the assault.
Additionally, PC 245.5 charges do not apply to all forms of assault on school employees. An individual only faces these charges if they attempt to assault a school employee using:
- A deadly weapon, such as a firearm or a knife
- A stun gun
- A taser
California uses a very broad definition for the term “deadly weapons.” Almost any weapon capable of causing severe injuries could be a deadly weapon. Knives, explosions, and even clubs may all qualify as deadly weapons. Learn more about PC 245.5 today by contacting a Los Angeles criminal defense lawyer.
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Penalties for a PC 245.5 Conviction in California
The results of a PC 245.5 conviction can be very severe in California. The exact penalties vary based on the kind of weapon used in the assault. They also vary depending upon whether the crime is treated as a misdemeanor or a felony by the court system. A conviction can result in the following:
Charges Involving a Deadly Weapon (Not a Firearm)
- Misdemeanor conviction: Up to one year in jail
- Felony conviction: Up to five years in prison
Charges Involving a Firearm
- Misdemeanor conviction: Up to one year in jail
- Felony conviction: Up to eight years in prison
Charges Involving a Taser or Stun Gun
- Misdemeanor conviction: Up to one year in jail
- Felony conviction: Up to four years in prison
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Handle PC 245.5 Charges with a Lawyer in California
You don’t have to just accept a PC 245.5 conviction in California. You can take steps to build a defense right away by contacting a criminal defense lawyer in Los Angeles. Your lawyer can assess the specifics of your case. Your lawyer may then work to show that:
- You did not commit assault.
- You did not attempt to harm a school employee.
- You did not use a deadly weapon, firearm, or another restricted weapon.
- You were forced to attempt assault by another person.
Building a defense could help you avoid a conviction. Your lawyer may work to get your charges reduced if you are initially charged with a felony. This could allow you to reduce the penalties you’d otherwise face. Your lawyer may also focus on getting you a plea bargain. Learn more by speaking with our team today.
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Contact a Lawyer for an Assault on a School Employee Charge
Don’t wait to get help if you were charged under Penal Code 245.5. Start working to build your defense to assault on a school employee charges today. The Simmrin Law Group is here to help you.
Call us today for a free consultation at (310) 896-2723. You may also complete our online contact form for answers to your legal questions from our skilled criminal defense lawyers here in Los Angeles. We’re ready and able to handle all of your legal needs, so call now!
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