Cal. Penal Code Section 241(c); Assault on a Peace Officer Lawyer:
Assault ON a peace officer is, in the real world, almost always assault BY a peace officer. It is one of those “resistance offenses” that the police falsely arrest and maliciously prosecute the victims of their outrages for. If the police injure you, innocent as you may be, you are going to jail for a crime like Assault on a Peace Officer.
Don’t Let The Police Shift The Blame From Them To You For Their Violation Of Your Constitutional Rights.
The common-law definition of an “assault” is intentionally placing another in reasonable fear of receiving an imminent violent injury. the California Supreme Court has decided that it didn’t want persons to escape criminal liability for shooting their pistols recklessly, not intending to shoot anyone. Accordingly, the California Supreme Court has deliberately twisted the California statutory definition of the crime of simple assault into a recklessness offense as opposed to an attempt offense.
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The California Penal Code defines an assault as:
Cal. Penal Code § 241(c), provides the penalty for Assault of a Peace Officer:
(c) When an assault is committed against the person of a peace officer . . . firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment.Assault on a Peace Officer is Almost Always Assault by a Peace Officer. Contempt of Cop such as verbal protest of or challenge to a peace officer’s conduct will often result in one being beaten-up and falsely arrested and prosecuted for Assault on a Peace Officer.
If you are being charged with or if you were falsely arrested for Assault on a Peace Officer, the Law Office of Jerry L. Steering can help you.