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Assault on a Police Officer

Assault on a Police Officer: CA Penal Code 243

In the state of California, assault or battery against a police officer, peace officer or emergency personnel is a serious offense. If you have had an unpleasant encounter with police officers resulting in charges, you should immediately consult a defense lawyer with experience in the legal representation of assault and battery charges. Among the tough, violent crime laws, the offenses against a public or peace officer result in aggravated sentences. You should have proper legal representation in the court to get the charges dismissed and to avoid harsh punishments. As the assault or battery against a police officer is a ‘wobbler’ which means it can be charged as a misdemeanor or a felony, you can consult the defense lawyers at the Law Office of David S. Chesley for professional legal advice to get minimum charges.

Several clauses in California’s Penal Code address the issue of obstructing or interfering assault against police officer including Penal Code § 148, Penal Code § 241 (c) and, Penal Code § 243 (c) 1.

Penal Code § 148

The article 148 in the Californian Penal is under the chapter of crime against public justice and applies to the offenses against a public officer or peace officer which results in the obstruction, delay or interference in their duties. According to PC 148, any person that obstructs the police officer in rendering its duties should be subjected to monetary fines, jail time or both.

Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician in the discharge or attempt to discharge any duty of his or her office or employment commits an offense punishable by law.

Penal Code § 241 (c)

The PC 241 clause c specifically addresses the assault against a peace officer, medical personnel, healthcare personnel, emergency personnel or traffic officer. In case a person is involved in the assault against a public officer or peace officer, the sentences are stricter than the assault against civilians. If you are charged under PC 241, the prosecutor does not need to prove that the actual attack occurred, but the intention to attack is enough to get you charged with assault on police officer.

If you are facing charges under PC 241 and you have a court hearing coming up, our team of experienced defense lawyers can prepare a solid defense for your case based on the specific details about the incident. Our counsels are available 24/7 for emergency consultation and can come to assist you even at the time of arrest.
Penal Code § 243 (b)(c) 1

The article 243 which addresses the charges and punishment of battery has specific clauses to define punishment for battery against the police officer, peace officer, custodian, emergency personnel, firefighter, and lifeguard instead of his or her duties. Any person that commits batter against the public officers mentioned in the clauses (b) and (c) receive enhanced punishments than sentences against battery on a civilian person.

Penalties in Assault and Battery Against Peace Officer

PC 148: The person convicted under this clause will be punished with $1000 fines and up to one-year imprisonment in county jail or both.

 Penal Code § 241 (c): The offender shall be punishable by $2000 fines and up to one-year jail time in county jail or both fines and imprisonment.

Penal Code § 243 (b)(c) 1: The offender will be punished by $2000 fines and up to one-year imprisonment in county jail or both.

As these charges carry both fines and imprisonment and can be charged either a felony or misdemeanor, you need a strong defense to get charges dismissed or reduced.

If you are thinking to represent your case on your own, it is time to rethink. In the serious charges such as assault and battery against a police officer, there is nothing more important than the court experience. The defense attorneys at our law office have gathered several years of experience on both sides of the law. We have been working as prosecutors, judges and police officers in the past and have a first-hand experience of battery and assault against police officer charges.

If you want a successful defense, call our criminal defense legal services to make it happen.

Domestic Voilence

Domestic Violence

Domestic violence is one of the most commonly reported in California and every year hundreds and thousands of domestic crime cases are registered.

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Assault and Battery

Assault and battery are often charged together, but these are not interchangeable criminal offenses.

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Assault with a deadly weapon

Assault with a Deadly Weapon

Being charged with aggravated assault (also known as assault with a deadly weapon), is a serious criminal charge.

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Resisting Arrest

When a suspect is uncooperative, dismissive or verbally indignant, some officers take it personally. People who have committed no crime suddenly find themselves facing bogus criminal charges.

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Criminal Threats

A criminal threat is often referred as ‘terrorist threat’ in California even though the statute no longer uses this term to define the offense.

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Unlawful Possession of a Firearm

Unlawful Possession of a Firearm is strictly illegal.

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  • Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!

  • Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!

  • Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!

  • Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!

  • Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.

  • Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!

  • Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!

  • Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!

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