California Penal Code § [Section] 241(c) – Assault On A Police Officer
California Penal Code [CPC] §241(c) – Assault On A Police Officer – Penal Code Section 241(c) makes it illegal to assault a police officer or any of several kinds of peace officers (including healthcare providers) while the officer is engaged in performing duties.
If you're convicted under Section 241(c), the penalty may be up to one year in a county jail and/or a fine of up to $2,000.
What Does California Penal Code §241(c) [Assault On A Police Officer] Prohibit?
In sum, to be guilty of Assault On A Police Officer under CPC §241(c), you must:
- Do something that would result in applying force to someone; AND,
- Act willfully; AND,
- Know your act would result in applying force to someone; AND,
- Have the ability to apply force; AND,
- Assault a police or peace officer performing duties; AND,
- Know the person was a police or peace officer; AND,
- Not act in self-defense or defense of someone else.
Defining “Assault On A Police Officer” Under California Penal Code §241(c)
To convict you under CPC §241(c), the prosecutor must prove the following beyond a reasonable doubt:
- DIRECT AND PROBABLE APPLICATION OF FORCE: You did an act that by its nature would directly and probably result in the application of force[1] to a person; AND,
- WILLFULLY: You acted willfully;[2] AND,
- AWARE OF FACTS: When you acted, you were aware of facts that would lead a reasonable person to realize that the act would directly, naturally, and probably result in the application of force to someone;[3] AND,
- PRESENT ABILITY: When you acted, you had the present ability to apply force to a person; AND,
- LAWFULLY PERFORMING DUTIES: When you acted, the person assaulted was lawfully performing duties as a firefighter,[4] police officer, peace officer or healthcare provider;[5] AND,
- KNOWLEDGE: When you acted, you knew, or reasonably should have known, that the person assaulted was a firefighter, police officer, peace officer, or healthcare provider who was performing duties or providing emergency medical care; AND,
- NO LEGAL EXCUSE: You did not act in self-defense or in defense of someone else.[6]
Note: The prosecution needn't prove you touched someone for a conviction under this Code Section.
Example: Defendant Derrick admits that he slapped Victim Vern, an animal control officer, and filmed it. He admits he entitled the video, “I Slapped A Dog Catcher!” He admits he had no excuse. Nonetheless, while every element of the crime is otherwise present, Derrick says he can't be convicted under CPC §241(c) because Verne was just watering Verne's lawn when Derrick slapped him. Is Derrick correct?
Conclusion: Derrick assaulted[7] and battered[8] Verne. However, to be convicted under Section 241(c), Verne had to be engaged in his duties as an animal control officer – and Derrick had to know that Verne was performing duties - when Derrick assaulted him. Multiple elements are missing, on these facts. Since defendants must be acquitted if even one element of any charge is absent, Derrick is correct.
Penalties For Assault On A Police Officer Under CPC §241(c)
If you're convicted of Assault On A Police Officer under CPC §241(c), the penalty may be:
- A term of up to one (1) year in a county jail; OR,
- A fine of up to $2,000 (two-thousand dollars); OR,
- Both jail time and a fine.[9]
As stated above, a conviction under CPC §241(c) can result in up to one (1) year in a county jail, a fine of up to $2,000 (two-thousand dollars), or both jail time and a fine.[10] Misdemeanor Probation, permitting you to serve at least part of your sentence outside custody, may also be available.
Defenses Against California Penal Code §241(c) – Assault On A Police Officer
Three common defenses against a charge of Assault On A Police Officer under CPC §241(c) are:
Your Didn't Assault A Person The Statute Protects
Example: Defendant Dominica gets into a shouting match with Lifeguard when Lifeguard refuses to permit Young Daughter to swim in a public pool. Victim Vincent, Lifeguard's friend, tries to calm Dominica. But Dominica slaps Vincent in front of Lifeguard. Lifeguard reports her to police. Now Dominica is facing a charge under CPC §241(c). Is Dominic guilty under these circumstances?
Conclusion: Dominica willfully slapped another person. This is sufficient for Assault and/or Battery charges. But slapping a person in front of a person protected by the statute is not criminalized under Section 241(c); only assaults against officers listed in the statute are made punishable. Therefore, Dominica is not guilty under these circumstances. She didn't assault a person the statute protects.
You Didn't Commit An Assault
Example: Defendant Dickie is a neighborhood activist who opposes police raids on homes. When police raid a home near Dickie's, he goes to the scene and stands across the street from law enforcement. He yells at them and tells them to leave. Victim Vinton, police, takes exception to this and arrests Dickie for a violation of CPC §241(c). Is Dickie innocent, as he insists that he is, or should Dickie be convicted?
Conclusion: Dickie intentionally sought out police while they performed duties. He knew they were police. He had no legal excuse. These are elements of the crime. But standing across the street and yelling does not permit Dickie to apply immediate force against police. Dickie is innocent. He didn't commit an assault.
You Were Defending Yourself Or Someone Else
Example: Defendant Deke overhears an exchange between Victim Vera, a uniformed police officer on her rounds, and Store Owner. Vera demands a bribe from Store Owner. When she doesn't get money from him, she draws her nightstick and begins to batter Store Owner, demanding the money all the while. Deke hits Vera in Store Owner's defense. Now Deke faces charges under §241(c). Is Deke guilty?
Conclusion: Deke willfully assaulted a uniformed police officer on duty. He knew she was a police officer at the time. He also had the ability to apply force and knew what he was doing. But Deke was defending Store Owner against an attack by Vera, who was trying to extort money. As long as he used no more force than necessary, for no longer than necessary, Deke is innocent. He was defending someone else.
Related Offenses
Note: The crimes below are described generally as “related” because they're frequently charged with CPC §241(c) and/or have common elements the prosecutor must prove beyond a reasonable doubt.
The California Penal Code includes offenses related to Assault On A Police Officer like: Resisting Arrest (CPC §148(a)(1)), Resisting An Executive Officer (CPC §69(a)), Battery On A Police Officer (CPC §243(b)), Simple Battery (CPC §242) and Assault With Deadly Weapon On School Employee (CPC §245.5(a)).
Resisting Arrest
Resisting Arrest (CPC §148(a)(1)) occurs in California whenever a person resists or delays officers who're performing duties of their positions. Section 148(a)(1) also applies to efforts to prevent emergency technicians from doing their jobs. The crime is related to Assault On A Police Officer because using force against an officer to resist an arrest can result in charges of committing both crimes in the same trial.
If you're convicted of Resisting Arrest, the penalty may be:
- A term of up to one (1) year in a county jail; OR,
- A fine of up to $1,000 (one-thousand dollars); OR,
- Both jail time and a fine.[11]
More information can be found in the Resisting Arrest section of the Kann California Law Group's website. If you have questions, contact any of the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call goes directly to a lawyer. It's our guarantee.
California Jury Instructions – Resisting Arrest
To convict you under CPC §148(a)(1), the prosecution must prove the following beyond a reasonable doubt:
The alleged victim was a peace officer, public officer, or emergency medical technician lawfully performing or attempting to perform duties as a peace officer, public officer, or emergency medical technician. You willfully resisted, or obstructed, or delayed the alleged victim in the performance or attempted performance of those duties. Finally, when you acted, you knew, or reasonably should have known, that the alleged victim was a peace officer, public officer, or emergency medical technician performing or attempting to perform duties.
Example: Defendant Derry gets drunk and passes out in front of a Westwood bar. Patrons call paramedics. Victim Vic, an emergency medical technician, arrives and goes to administer cardio-pulmonary resuscitation to Derry. But, as Derry groggily awakens, the only thought he has is that Vic is trying to kiss him. He panics and hits Vic. Now Derry faces charges under §148(a)(1). Is Derry guilty?
Conclusion: Derry willfully resisted Vic, an emergency medical technician who was trying to administer medical services to Derry at the time of the altercation. These are elements of the offense. But Derry awakened “groggily” and then had a single thought unrelated to Vic's job. In other words, Derry didn't have capacity to learn Vic was an EMT and struck Vic without thinking about it. Derry is not guilty.
Resisting An Executive Officer
Resisting An Executive Officer (CPC §69(a)) prohibits using threats or violence to keep executive officers from doing their jobs. But CPC §69 requires actual violence or a threat of violence. Since Penal Code §69 is designed to protect government employees such as judges and law enforcement officers, it is a more serious crime than Assault. (Executive officers are government officials who use discretion in performing their job duties.) The crime is related to Assault On A Police Officer because using force to resist an executive officer can result in charges of committing both crimes in the same trial.
California Penal Code §69(a) is a “wobbler”[12] offense, meaning that prosecutors can charge it either as a Felony or a Misdemeanor, depending upon the unique facts of your case. If you're convicted of the Felony form, the penalty may be:
- A term of up to three (3) years in state prison;[13] OR,
- A fine of up to $10,000 (ten-thousand dollars); OR,
- Both imprisonment and a fine.[14]
More information can be found in the Resisting An Executive Officer section of the Kann California Law Group's website. If you have questions, contact any of the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call goes directly to a lawyer. It's always guaranteed.
California Jury Instructions – Resisting An Executive Officer
To convict you under CPC §69(a), the prosecution must prove the following beyond a reasonable doubt:
You unlawfully used force or violence to resist an executive officer. When you acted, the officer was performing a lawful duty. When you acted, you knew that the person you resisted was an executive officer. Finally, when you acted, you also knew the executive officer was performing a duty.
Example: Defendant Damian admits he got into an argument with Victim Vi, a police officer who pulled over Damian's car for speeding. Damian admits Vi was lawfully performing her duty at the time. He even knew that Vi was an executive officer performing her duty. Nonetheless, Damian insists that he can't be guilty under CPC §69(a) because he did nothing more than threaten to punch Vi. Is Damian correct?
Conclusion: Damian knew that he was dealing with a form of executive officer. Vi was performing a lawful duty. Damian knew that Vi was performing a duty at the time (pulling over his car because he was speeding). Finally, Damian threatened Vi with violence. These are elements of the crime. Damian thinks he had to strike Vi to violate the law. But a mere threat is sufficient for conviction. Damian is incorrect.
Battery On A Police Officer
Battery On A Police Officer (CPC §243(b)) applies, broadly, whenever a battery is committed against a peace officer, emergency services technician, a nonsworn employee of a probation department, medical professional, or a search and rescue team member engaged in the performance of his or her duties, whether on or off duty. You must know (or reasonably should know) of the victim's position and that the victim is performing duties at the time to be guilty under this Penal Code section.
If you're convicted of Battery On A Police Officer without injuring the victim, the penalty may be:
- A term of one (1) year in county jail; OR,
- A fine of up to $2,000 (two-thousand dollars); OR,
- Both a fine and imprisonment.[15]
California Jury Instructions – Battery On A Police Officer
To convict you under CPC §243(b), the prosecution must prove the following beyond a reasonable doubt:
The alleged victim was a peace officer performing the duties of a peace officer. You willfully and unlawfully touched the alleged victim in a harmful or offensive manner. When you acted, you knew, or reasonably should have known, that the alleged victim was a peace officer who was performing duties. Finally, you did not act in self-defense or in defense of someone else.
Example: Defendant Dee is skating along Ventura Boulevard. She is about to pass Victim Vincente, a police officer issuing a ticket to an illegally parked car. But Dee doesn't notice a subsidence in the pavement. She hits the raised edge of concrete and trips. Then she lands on Vincente. He assumes that she did this intentionally. Now Dee is facing a charge under CPC §243(b). Should Dee be acquitted?
Conclusion: Dee touched a police officer who was performing his lawful duties at the time. She didn't do this in defense of herself or another person. Vincente found the contact offensive. Dee would've known that Vincente was performing his duties when she touched him. These are elements of the crime. But Dee didn't willfully touch Vincente; she tripped and fell onto him. Dee, it follows, should be acquitted.
Simple Battery
California Penal Code §242 makes it illegal to use willful and unlawful force on another person. The crime is related to Assault On A Police Officer because battery usually follows assault, permitting the prosecution to charge you with both crimes in the same trial.
If you're convicted of Simple Battery, the penalty may be:
- A term of up to six (6) months in county jail; OR,
- A fine of up to $2,000 (two-thousand dollars); OR,
- Both jail time and a fine.[16]
More information can be found in the Simple Battery section of the Kann California Law Group's website. If you have questions, contact any of the Kann California Law Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Your call goes directly to a lawyer. It's our guarantee to you.
California Jury Instructions – Simple Battery
To convict you under CPC §242, the prosecution must prove the following beyond a reasonable doubt:
You willfully and unlawfully touched a person in a harmful or offensive manner. Additionally, you did not act in self-defense, in defense of someone else, or while reasonably disciplining a child.
Example: Defendant Davida holds a soft drink while talking with Victim Vero. Davida doesn't notice as Friend approaches Davida at her back. Thinking it amusing, Friend pushes the back of Davida's arm, sending the drink spilling from Davida's hand and showering Vero. Furious, Vero assumed Davida intended this and has Davida charged under CPC §242. Is Davida guilty under these circumstances?
Conclusion: Davida made offensive contact with Vero via the soft drink. She didn't do so while defending herself or another person. Thus, the contact didn't occur lawfully. These are elements of the offense. But Davida didn't act willfully when she spilled the drink on Vero. Friend pushed Davida when Davida wasn't looking, causing Davida to touch Vero in an offensive manner. On these facts, Davida is not guilty.
Assault On School Employee With A Deadly Weapon
Assault On School Employee With A Deadly Weapon (CPC §245.5(a)) occurs when anyone uses a deadly weapon other than a firearm (or any means likely to produce great bodily injury) upon a school employee. You must know, or you reasonably should know, that the victim is a school employee engaged in the performance of his or her duties and you must assault the person when the school employee is engaged in performance of official duties.
California Penal Code §245.5(a) is a “wobbler”[17] offense, meaning that prosecutors can charge it either as a Felony or a Misdemeanor, depending upon the unique facts of your case. If you're convicted of the Felony form, the penalty may be:
- A term of up to five (5) years in a state prison;[18] OR,
- A fine of up to $10,000 (ten-thousand dollars); OR,
- Both prison term and a fine.[19]
California Jury Instructions – Assault On School Employee With A Deadly Weapon
To convict you under CPC §245.5(a), the prosecution must prove the following beyond a reasonable doubt:
The alleged victim was a school employee. You willfully and unlawfully touched that person in a harmful or offensive manner. The alleged victim was performing duties as a school employee when you acted or you were retaliating against that person because of something that person had done while performing duties as a school employee. When you acted, you knew, or reasonably should have known, the alleged victim was a school employee. Finally, you didn't act in self-defense or in defense of someone else.
Example: Defendant Deric gets into an argument over food prices with Victim Vira, a school lunchroom employee. He grabs a ketchup bottle and squirts ketchup onto Vera. The ketchup coats the plastic overshirt that Vira wears. Vira has Deric arrested and charged under §245.5(a). Deric defends himself by saying Vira's clothes were protected from the ketchup by the plastic. Is Deric innocent, on these facts?
Conclusion: Deric willfully and offensively touched a school employee. Since they argued about prices, we can conclude Vira was working. Deric would've known Vira was an employee or he wouldn't have argued with her. Nor was Deric engaged in any defense. These are the elements of the crime. It doesn't matter that Vira wore a covering. Contact of any kind with an employee may violate the law. He is guilty.
What Can I Do If I'm Charged With Assault On A Police Officer?
The State of California regards Assault On A Police Officer as an extremely serious offense. If you're charged with Assault On A Police Officer, it's essential that you retain a skilled, dedicated criminal defense attorney as soon as possible. Your rights, freedom, and livelihood are at stake.
Remember, a professional criminal defense attorney may be able to:
- Negotiate a lesser charge in a plea bargain;
- Reduce your sentence;
- Or even get charges dismissed completely.
The attorneys at the Kann California Law Group have an excellent understanding of the local courts and an extensive knowledge of California's criminal justice system. We can represent you in Ventura, Santa Clarita, Los Angeles, Encino, Pasadena and many other Southern California cities.
If you or someone you know has been arrested for, or charged with, Assault On A Police Officer, our attorneys will analyze the facts of your case and plan a strategy that will help you obtain the best possible outcome.
Contact the Kann California Law Group today to schedule your free and confidential consultation.
[1] “The terms application of force and apply force mean to touch in a harmful or offensive manner. The slightest touching can be enough if it is done in a rude or angry way. Making contact with another person, including through his or her clothing, is enough. The touching does not have to cause pain or injury of any kind. [¶] The touching can be done indirectly by causing an object or someone else to touch the other person.” See California Criminal Jury Instructions 900 (CALCRIM) (2020).
[2] “Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage.” See above.
[3] The prosecution is not required to prove that you “actually intended to use force against someone when [you] acted.” See Endnote 1.
[4] “A firefighter includes anyone who is an officer, employee, or member of a governmentally operated fire department, fire protection or firefighting agency in this state, federal fire department, federal fire protection or firefighting agency, whether or not he or she is paid for his or her services.” See above.
[5] The statute also references emergency medical technicians, mobile intensive care paramedics, lifeguards, process servers, traffic officers, code enforcement officers, animal control officers, search and rescue members, and physicians or nurses rendering emergency medical care outside any health care facility. See California Penal Code [CPC] §241 (c).
[6] See California Criminal Jury Instructions 3470 (CALCRIM) (2020).
[7] See CPC §240.
[8] See CPC §242.
[9] See CPC §241 (c).
[10] See above.
[11] See CPC §148 (a) (1).
[12] See “Wobbler Law and Legal Definition” at USLegal.com.
[14] See CPC §69 (a).
[15] See CPC §243 (b).
[16] See CPC §243 (a).
[17] See Endnote 12.
[18] See CPC §245.5 (a).
[19] See CPC §672.
