Penalty for Assault on a Public Servant in CA

Assault charges are very serious, but when the alleged victim is a public servant, the charges get even more serious. It doesn't matter who it is, if they are a public servant and they are the victim of an assault, California law has severe penalties in place.

Anyone who is facing charges of assault on a public servant should get an attorney as soon as possible. It's also very important to understand how California assault laws work, who is considered a public servant, what penalties are possible, how these charges are defended against, and how a criminal defense lawyer, such as those at Goss Law, can help. They can help with questions like What is the law for assault with a deadly weapon in CA?

What Is California Law? - Assault on a Public Servant in California

California law defines assault as an unlawful attempt, plus the present ability, to place physical harm on another person. This is fully defined by California Penal Code § 240. It does not require physical contact. Instead, if a person has intent and the ability to follow through on a threat of violence, that's enough for felony or misdemeanor charges. If the act is committed against a public servant, the assault charge is elevated to an aggravated assault on a public servant. Who is a public servant? This is what California government officials say:

• Police officers/law enforcement officer

• Firefighters

• Emergency medical personnel (paramedics, emergency medical technician)

• Peace officers

• A city council member, county supervisors, sheriff

• Current or former prosecutor

• Judicial officer

• Public defender

• Public officer

• President of the United States/Vice President of the United States

• Custodial officers (e.g., correctional facility staff)

• Search and rescue personnel

• Traffic officers

• Code enforcement officers

• Animal control officers

• School employees

• Doctors or nurses providing emergency care

Immediate family members, elderly individuals, and other are also treated similarly. If assault occurs while these people are performing duties, the charges, especially felony charges, are much more severe.

Assault vs. Battery on a Public Servant

It’s important to distinguish assault from battery, which are related offenses, when determining what type of penalty or charge will be given.

• Assault is an attempt or threat to cause harm to another person

• Battery is the actual infliction of force or violence on another person

Charges for battery on a public servant carry even stiffer penalties and serious consequences.

Convicting Someone of Assault - Elements of the Crime

To convict someone of assault on a public servant in California, the prosecution has to prove beyond a reasonable doubt that the defendant committed the following:

1. They willfully committed an act that would likely result in force against another.

2. They were aware that the victim was a public servant.

3. The victim's official duties were being performed at the time of the assault.

4. The accused had the present ability to apply force.

5. The assault was motivated by revenge or an intent to obstruct the official's duties. Establishing the motive is crucial because if the attack is unrelated to the victim's professional role, the defendant may not be guilty of assault on a public servant.

6. If a deadly weapon was used, such as a gun, knife, or other object, the charges are elevated to assault on a public servant with a deadly weapon.

   
   

Penalties for Assault on a Public Servant in CA

Introduction to Assault Charges

Assault charges are serious offenses that can have severe consequences, including time in the California state prison system and fines. In California, assault charges can be filed as either a misdemeanor or felony, depending on the circumstances of the case, even if there is not a violent injury or physical attacks.

1. Standard Penalties for Assault (PC § 240)

For simple assault that does not involve a protected victim:

• Misdemeanor charge

• Up to 6 months in county jail

• Fines up to $1,000

Individuals may also do possible community service or get probation.

2. Assault on a Public Servant (PC § 241(c))

If the victim is a public servant engaged in official duties, the misdemeanor penalties are more severe:

• Misdemeanor charge

• Up to one year in county jail

• Fines up to $2,000

Misdemeanor probation and community service might also be on the table.

When Is Assault on a Public Servant Considered a Felony?

Assault alone is generally charged as a misdemeanor, but it can be elevated to a felony in certain conditions:

• Use of a deadly weapon (charged under Penal Code § 245)

• Causing serious bodily injury

• Victim is a peace officer or firefighter, and the force used was likely to cause great bodily harm

• Defendant's criminal history

In these cases, suspects could face:

• Up to three years, or four, in a state prison

• A felony conviction that will be on their permanent record

• A “strike” under California’s Three Strikes Law

Examples of Assault on Public Servants

Understanding how California law works in regard to assault on a public official is important. It can be helpful to see examples.

Example 1: Shoving a Police Officer During a Protest

During a protest, Person A shoves a police officer. The officer was not injured, but she was performing her official duties. Person A can be charged with the criminal offense, assault on a peace officer. It can elevate to a felony crime if the shove was intended to cause serious harm.

Example 2: Threatening a Paramedic

An EMT is responding to a medical call. Person A requires medical assistance, but he is under the influence. When the EMT tries to help Person A, he becomes agitated and threatens to hit the EMT. Though Person A never made physical contact, he is still able to be charged with assault on a public official.

Legal Defenses a Lawyer Might Use Against a Charge of Assault on a Public Servant

Here are some common legal defenses that a criminal defense lawyer might use to help their clients:

Lack of Intent

To be convicted of committing assault, it must be proven that the action was a willful act. It's suggested to hire a criminal defense lawyer in Sacramento who can try to show that their client did not have intent to violate laws or cause harm.

Self-Defense or Defense of Others

Everyone has the right to defend themselves if they believe that they are in imminent danger. If reasonable force was used, and there was no criminal intent, this could be an effective defense strategy.

The Public Servant Was Not Performing Official Duties

If an alleged victim is not performing official duties, and there are claims of assault on a public servant or government employees, the defense attorney can argue to reduce the charges. They can also advise on questions like How do prior convictions impact assault penalties in CA?

The Defendant Didn’t Know The Alleged Victim Was a Public Servant

The prosecution must prove that the defendant knew that the victim was a public official. If the defense can prove otherwise, the charges can be reduced or changed, and the person might not have to serve jail time.

Impact of an Assault Conviction

Even a misdemeanor conviction can result in criminal charges and have negative effects on the life of the accused. Some of the the consequences include:

• A permanent criminal record

• Difficulty passing background checks

• Loss of professional licenses or security clearances

• Negative immigration consequences for non-citizens

• Damage to reputation and employment prospects

This is why it's so important to treat any charges as serious charges, even misdemeanor charges. Anyone facing the alleged offense of assaulting a public official should get in touch with Goss Law as soon as possible.

California Lawmakers Take These Charges Seriously

Recently, California cities like Sacramento have introduced better protections for public servants, especially first responders and law enforcement officers. Public officials often make decisions that others don't like, which can make them a target. Prosecutors in Sacramento County are known to pursue enhanced charges and seek maximum penalties in assault cases involving:

• Police officers

• Jail staff

• EMTs

• Teachers or school personnel

The Sacramento County District Attorney’s Office often views these cases as threats to public employee safety, meaning early legal intervention is essential if someone is charged with these crimes.

How a Sacramento Criminal Defense Attorney Can Help

For anyone facing charges for assault on a public servant in Sacramento, here’s how a skilled criminal defense lawyer can help:

• Investigate the details and gather evidence

• Challenge witness credibility

• Prove false accusations

• Explore defenses such as insufficient evidence

• Negotiate with prosecutors for reduced charges or penalties

• Advocate for diversion programs

The sooner the attorney can begin creating a case, the better.

Contact Goss Law to Begin Setting Up a Legal Defense

The penalty for assault on a public servant can range from a misdemeanor with fines or a short jail term to a felony with a maximum sentence of years in prison. Regardless of the circumstances, a conviction can affect a person's freedom, job, and future.

Those who have been arrested or charged with assault on a public servant in Sacramento, should contact Goss Law as soon as possible to begin seeing up their legal defense against these charges.