Assault On a Public Official – California Penal Code 217.1(a)
The California crime of assaulting a public official is defined in Penal Code Section 217.1(a). This statute provides significantly harsher penalties than the common misdemeanor simple assault case.
Penal Code 217.1(a) is a “wobbler” offense, a term unique to California law. This means a prosecutor can file the case as either a misdemeanor or felony based on various factors, such as the severity of the assault and the defendant's criminal history. The flexibility of this classification underscores the serious nature of the offense.
In California, these types of laws provide more protection to a specific group of individuals based on their type of employment.
Clearly, committing an assault against any person is a crime, but if the same assault was on a public official, then the case could be filed as a felony offense.
Since public officials are government employees, an assault on them is considered an assault on the government itself. Therefore, Penal Code 217.1(a) has provisions that allow for harsher penalties.
Public officials regularly make crucial policy decisions that are unpopular. This means it's not uncommon for a public official to be in a position where they are the target of:
- threats of violence, or
- actual physical attacks
Public officials face a unique and heightened level of danger due to the nature of their work. It is this specific risk that prompted California lawmakers to pass a separate statute to address the issue.
As mentioned, a conviction for PC 217.1(a) carries with it severe penalties, underscoring the gravity of the offense.
Our Los Angeles criminal defense lawyers have provided a detailed review below to provide readers with useful information about the law of assault on a public official.
Definition of Penal Code 217.1(a)
Assault on a public official is defined under California Penal Code 217.1(a):
- Any person who commits an assault upon the President or Vice President of the United States, Governor of a state, judge, commissioner, judicial officer, mayor, city council member, sheriff, district attorney, prosecutor, public defender, chief of police, peace officer, any juror in state or federal court, or their family in retaliation for, or to prevent the performance of their duties.
The term “assault” means an illegal attempt to commit a violent injury on someone, and it's not necessary to cause an actual injury in order to be convicted of PC 217.1(a) assault on a public official.
As reviewed above, a “public official” is anyone employed by a state or federal government. However, the most common victims who are targeted include the following:
- Former or current California prosecutors and public defenders
- Members of the City Counsel
- District attorneys and Judges
- Mayors and county supervisors
- Sheriff or police officers
As you can see in the definition above, “public officials don't just include employees California government officials, but also officials employed by the United States government.
What Must the Prosecutor Prove for a Conviction?
To obtain a conviction for assault on a public official in violation of Penal Code 217.1(a), the prosecutor has to be able to prove certain factors, known as the elements of the crime, beyond any reasonable doubt:
- Defendant committed the crime of assault
- The assault was committed on a public official or their immediate family
- The assault was committed in retaliation for or to prevent the performance of their duties
It's worth noting that you can't be guilty of PC 217.1(a), assault on a public official, unless the crime was committed in retaliation or to stop them from performing their assigned duties.
This means an assault on a public official that doesn't directly involve their employment would be covered under this law.
What are the Penalties?
The California PC 217.1(a) crime of assault on a public officer is another “wobbler” offense where the prosecutor has the discretion to file the case as either a misdemeanor or felony crime.
If convicted of a misdemeanor offense of assault on a public official, you are facing:
- Up to one year in county jail, and
- A fine of up to $1,000.
If convicted of a felony case of assault on a public official, you are facing:
- 16 months, two or three years in jail, and
- A fine of up to $10,000
- Formal felony probation.
If you are convicted of PC 664/187, attempted murder of a public official with the specific intent to prevent them from carrying out their duties or revenge, you are facing a sentence of 15 years or life in a California state prison.
Also, since this would be a felony conviction, it will be considered a “strike” under California's three strikes law.
What are the Related California Offenses?
- Penal Code 245(a)(1) – Assault with a deadly weapon
- Penal Code 245(a)(2) – Assault with a firearm
- Penal Code 245(a)(4) – Assault likely to produce great bodily injury
- Penal Code 245(c) – Assault with a deadly weapon on police
- Penal Code 243(b) – Assault on police officer
- Penal Code 243(d) – Battery causing serious bodily injury
How Can I Fight Assault on a Public Official Charges?
Suppose you were accused of violating California Penal Code 217.1(a). In that case, our Los Angeles criminal defense lawyers will review the details of the case in order to determine a strategy for a favorable outcome. Some of the common defenses include:
Self-Defense
Depending on the circumstances, our lawyers might be able to make a reasonable argument you were acting in self-defense or defending another person.
However, it should be noted that we would have to show that you were exposed to some type of immediate harm and that you reacted with a reasonable amount of force to defend yourself.
Lack of intent
Going back to the elements of the crime above, you can't be guilty of assault on a public official unless the prosecutor is able to prove the assault was motivated by revenge or to prevent them from performing their official duties.
Perhaps we can make an argument there is insufficient evidence to prove intent.
Another possible defense is to argue that while you did make harsh gestures or language, you didn't attempt to harm them.
Our attorneys might be able to successfully negotiate with the prosecutor to reduce the charges to a lesser offense or obtain a case dismissal through prefiling intervention.
Cron, Israels & Stark is a criminal defense law firm with a team of highly experienced lawyers. We are located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. Contact our office for a free case consultation at (424) 372-3112.
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