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Criminal charges

assault on a police officer

The crime of assault varies from state to state (and under federal law), but is generally defined as intentionally putting another person in reasonable apprehension or fear of an imminent (immediate) harmful or offensive contact. The crime of assault may be committed even if there is no physical contact, as the criminal physical contact constitutes the separate crime of battery. In many states assaulting a police officer or peace officer who is performing official duties (such as making a lawful arrest) is a more serious offense—sometimes a felony.

In California, assault is defined under California Penal Code Section 240 as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. It is important to note that actual physical contact is not required for an assault charge; the key element is the attempt or threat to cause harm. Assault is typically charged as a misdemeanor in California. However, if the assault is committed against certain individuals, such as police officers or other public servants, while they are performing their duties, the offense is treated more seriously and can be charged as a felony under California Penal Code Section 241(c). This enhancement reflects the state's interest in protecting officers and certain other individuals who are at a higher risk of encountering violence in the course of their official duties.

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Criminal charges

assault on a police officer

Individual & Family Legal Plan

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California State Code

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Criminal charges

assault on a police officer

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