Cal. Penal Code §§ 245(c) & (d); Assault on a Peace Officer with a Deadly Weapon 

Don’t Let The Police Shift The Blame From Them To You For Their Violation Of Your Constitutional Rights.

Assault on a Peace Officer with a Deadly Weapon of Means Like to Result in Great Bodily Injury

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.

FREE CASE EVALUATION

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.

The California Penal Code defines an assault as:

Cal. Penal Code § 240; Assault.

An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

Cal. Penal Code §§ 245(c) & (d); Assault on a Peace Officer with a Deadly Weapon of Means Like to Result in Great Bodily Injury:

(c) 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.

(d) (1) 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.

(2) Any person who commits an assault upon the person of a peace officer or firefighter with a semiautomatic firearm 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 five, seven, or nine years.

(3) Any person who commits an assault with a machinegun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, 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, shall be punished by imprisonment in the state prison for 6, 9, or 12 years.

If you are the victim of a false arrest, an old fashioned police beating or a malicious criminal prosecution, we can help you.