Penal Code 245(c) PC - Assault with a Deadly Weapon Against a Police Officer
California Penal Code 245(c) PC makes it a felony crime to commit assault with a deadly weapon on a police officer or firefighter, carrying three, four, or five years in state prison.
This law makes it a crime to assault police with a deadly weapon or object (other than a firearm) or any means likely to produce great bodily injury. However, to be convicted, it must be proven that you knew, or reasonably should have known, that the victim is a police officer or a firefighter engaged in their job duties.
Assaulting someone with a deadly weapon (PC 245) is typically a wobbler that can be filed as a misdemeanor or a felony, depending on the circumstances.
However, assaulting a peace officer or firefighter in the discharge of their duties is always a felony offense. This carries the potential for longer terms in prison, underscoring the seriousness of the offense.
PC 245(c) says, "Any person who commits an assault with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for three, four, or five years."
Related PC 245(d)(1) says, "Any person who commits an assault with a firearm upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for four, six, or eight years."
In the context of this California law, a "peace officer" is any type of local law enforcement, including police officers, sheriffs, deputies, highway patrol, court or county marshals, or even investigators working for a district attorney's office.
Notably, these laws apply only if the peace officer or firefighter is engaged in the performance of their official duties and you know who they are. Simply put, PC 245(c) makes it a crime to assault a police officer or firefighter with a deadly weapon or object (other than a firearm) or any means likely to produce great bodily injury.
What Factors Must Be Proven to Convict?
To convict you of Penal Code 245(c) PC, the district attorney (prosecution) must prove several elements of the crime beyond a reasonable doubt, including the following:
- You committed an action assault that would likely result in the application of force to another person.
- During the assault, you used a deadly weapon, such as a knife, or applied force likely to cause significant harm to the officer.
- The person you assaulted was a peace officer, such as a police officer, sheriff's deputy, highway patrol officer, or firefighter.
- The peace officer or firefighter was actively performing their job duties when the assault occurred.
- You knew, or reasonably should have known, that the person was a peace officer or firefighter engaged in the performance of their official duties.
What are Related Offenses?
Several California laws are related to assaulting a police officer or firefighter with a deadly weapon, such as:
- Penal Code 240 PC - Simple assault.
- Penal Code 242 PC - Simple battery.
- Penal Code 245(a)(1) PC - Assault with a deadly weapon (ADW).
- Penal Code 241 PC - Assault on a police officer.
- Penal Code 243b PC - Battery on a police officer.
- Penal Code 243(d) PC - Battery causing serious injury.
- Penal Code 217.1 PC - Assault on a public official.
- Penal Code 664/187 PC - Attempted murder.
- Penal Code 417 PC - Brandishing a weapon or firearm.
What are the PC 245(c) Penalties?
If convicted, the penalties for assault with a deadly weapon against a peace officer or firefighter are harsher than the penalties for a standard ADW charge. However, they will vary depending on case details, including the type of weapon used.
Suppose you are convicted of assault with a deadly weapon other than a firearm (PC 245(c)). In that case, you can face a state prison sentence of 3, 4, or 5 years.
Suppose you are convicted of assault with a firearm (PC 245(d)). In that case, the penalties will depend on the specific type of weapon used, such as the following:
- Standard firearm - 4, 6, or 8 years in state prison.
- Semiautomatic firearm - 5, 7, or 9 years in state prison.
- Assault weapon or machine gun - 6, 9, or 12 years in state prison.
Further, assaulting a police officer with a deadly weapon will count as a strike offense under California's "Three Strikes Law." This law mandates that if you are convicted of a serious or violent felony and have two or more prior convictions for serious or violent felonies, your sentence will be significantly increased.
Suppose your conviction under this law qualifies as your third "strike." In that case, your sentence will automatically increase to a minimum of 25 years in prison.
What are the Common Defenses?
Suppose you were charged with assaulting a peace officer or firefighter. In that case, our California criminal defense attorneys can use different strategies to challenge the charges. Some defenses may focus on disqualifying you from the enhanced penalties for assaulting a peace officer. The most common legal defenses are discussed below.
Perhaps we can argue there was a lack of intent. Assault is a general intent crime, which means the district attorney must prove that you intended to commit an act that would result in the application of force. If we can show that you did not intend to harm the officer or firefighter, it could be a strong defense.
Perhaps we can say there was no use of a deadly weapon. We might be able to show that you did not use the level of force required to qualify as a deadly weapon assault or that the item used does not qualify as a deadly weapon.
This defense strategy challenges the prosecution's definition of a 'deadly weapon' and can be effective if the item used is not inherently dangerous.
Perhaps we can argue there was no knowledge that the victim was a peace officer. We might be able to show that you were unaware of the person's status as a law enforcement officer or firefighter.
Perhaps we can argue self-defense or the defense of others. If we can show that we acted in self-defense, the assault charges might be reduced or dismissed. For additional information, contact our Los Angeles criminal defense law firm, Cron, Israels & Stark.
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