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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.
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.
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.
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.
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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!
Rodrigo L. San Fernando, CA (Sherman Oaks Yelp Review)
I am truly pleased with my experience with the Law Offices Of David S Chesley. They answered all my questions and provided me with great advice and legal services. My case resolved quickly. Thank you!
Ricardo Esteves Los Angeles, CA (Los Angeles Google Places Review)
I left court yesterday with my last case being wrapped up. Two court appearances and that’s it. He represented me in a couple of different cases and was impressive to say the least. Always a phone call or text message away. Confident and aggressive when he needed to be. Calming and thorough when meeting with me. Attorney Chesley did exactly what he said he would and I got the results I needed. He seemed to know all the right people at the Temple Street courthouse. You can always get in contact with him quickly and he is a great lawyer. I highly recommend his legal services.
Erica Geller Ontario, CA (Ontario Facebook review)
My brother was given a very caring attorney that was assigned to his case and we had very helpful case managers throughout the process. I strongly recommend David Chesley to anyone who is in trouble. I called in to get help on my brothers case and right away I liked their service. My brothers charges were eventually dismissed after the attorney got him into a program, now he could go on without the trouble of having anything on his record
Elizabeth F. San Diego, CA (San Diego Google Places Review)
I retained Mr. Chesley and his firm and from the beginning they were extremely professional both in communicating the status of my case to me, explaining the situation as a whole, and just downright taking care of business. It was money well spent for a job well done. Thanks again to David and Melissa others that worked on my case. I recommend this firm to anyone in need of legal representation. Don’t just accept things the courts force on you, call this firm and protect yourself.
Leon Hanley Los Angeles, CA (Los Angeles Avvo review)
I contacted Mr. Chesley and his firm because some unfortunate events had left me in a jam. Detectives were demanding I testify or be prosecuted for a crime I didn’t commit. (I wasn’t involved or even at the scene of the alleged crime when it supposedly took place.) Mr. Chesley explained to me that he had been through similar situations with his clients before and understood exactly what was going on. His response to what took place was nothing short of amazing. No matter how small my concern, Mr. Chesley addressed it in a timely manner. He advocated for what is right and empathized with me in dealing with the Court system. After meeting with the supervising D.A. and providing alibi evidence he was able to get me out the situation. I’m very grateful to have found him.
Britanny Givens Newport Beach, CA (Newport Beach Google Places)
I hired David Chesley for my criminal defense in 2012. he was recommended to us for is success results and his low fees. David is very smart and his professional legal advice was honest & much appreciated during these stressful time. David’s knowledge, advice, and communication about what we were to expect was reassuring and beneficial to me. He charged me a reasonable flat rate and didn’t charge me any surprise fees. In my case David Chesley was able to negotiate with the prosecution attorney for the best result I could hope for. He had success at getting my criminal charges dismissed with the judges approval. You will not be disappointed if you hire The Law Offices of David S. Chesley.
Andrew A. North Hollywood, CA (Better Business Bureau review)
David is very professional, yet very casual. Although it is typically not easy to speak straight up with an attorney, he is very easy to talk to. He replied to my questions quickly and was available all hours. Not only did he get my case resolved with a dismissal, he went above and beyond and got me an expungement without me even requesting it. He never beats around the bush and tells you like it is. At the same time is willing to work overtime to get the results you request. I would use David’s services again in the future.