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ADW on Police

Assault with a Deadly Weapon Against a Police Officer - Penal Code 245(c) and 245(d) PC

The state of California takes crimes against police officers very seriously due to their critical role in maintaining public safety. Assaulting a person with a deadly weapon (Penal Code 245 PC) may be charged in general as a misdemeanor or a felony, depending on the circumstances.

Assaulting a peace officer or firefighter in the discharge of their duties under PC 245(c) and 245(d) PC is a felony offense. The prison terms for this crime are automatically longer than those for committing the same crime against a civilian, underscoring the severity of the offense.

Assault with a Deadly Weapon Against a Police Officer
PC 245(c) makes it a crime to commit an assault with a deadly weapon on a police officer.

If you're convicted of this crime, depending on the type of weapon used, you could face up to 12 years in state prison.

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."

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."

PC 245(d)(2) says, "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 their duties when the peace officer or firefighter is engaged in the performance of their duties, shall be punished by imprisonment in the state prison for five, seven, or nine years."

What Does the Law Say?

The sections of PC 245 that specifically deal with assault with a deadly weapon against a police officer or firefighter are sections (c) and (d) of the law.

As noted, under this law, assaulting a peace officer or firefighter with a deadly weapon or firearm while they are performing their duties is a felony offense. For purposes of California law, a "peace officer" represents 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.

  • Penal Code 245(c) addresses assaulting a peace officer or firefighter with a deadly weapon that is not a firearm or any force likely to cause great bodily injury.
  • Penal Code 245(d) covers assault with a firearm, including pistols, rifles, shotguns, or any other type of firearm.

It is important to note that these laws apply only if the peace officer or firefighter was engaged in the performance of their official duties and if you knew (or should have reasonably known) that they were a law enforcement officer or firefighter.

What Must Be Proven to Convict?

To convict you of assault with a deadly weapon against a police officer or firefighter, the prosecution must prove several key elements beyond a reasonable doubt. These elements include the following:

  • Assault - You committed an action constituting assault, which means the action would likely result in the application of force to someone else.
  • Use of a Deadly Weapon or Force Likely to Cause Great Bodily Injury - During the assault, you used a deadly weapon (such as a knife, bat, vehicle, or firearm) or applied force likely to cause significant harm to the officer.
  • The Victim was a Peace Officer or Firefighter - The person assaulted must be a peace officer (such as a police officer, sheriff's deputy, or highway patrol officer) or a firefighter.
  • Engaged in Official Duties - The peace officer or firefighter must have been actively performing their job duties when the assault occurred.
  • Knowledge of Victim's Status - You knew, or reasonably should have known, that the person assaulted was a peace officer or firefighter engaged in the performance of their official duties at the time of the offense.

Simply put, California Penal Code 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 are Related Crimes?

Several California laws are related to crimes of assaulting a police officer or firefighter with a deadly weapon, such as the following:

What are the Penalties?

The penalties for assault with a deadly weapon against a peace officer or firefighter are much more significant than the penalties for a standard ADW charge. These penalties can vary depending on the specific circumstances of the crime, including the type of weapon or firearm used.

For assault with a deadly weapon other than a firearm (PC 245(c)), You can face a state prison sentence of 3, 4, or 5 years.

For assault with a firearm (PC 245(d)), The sentencing range depends on the specific type of weapon used:

  • For a standard firearm - 4, 6, or 8 years in state prison.
  • For a semiautomatic firearm - 5, 7, or 9 years in state prison.
  • For an assault weapon or machine gun - 6, 9, or 12 years in state prison.

In addition, assaulting a police officer with a deadly weapon qualifies as a "strike" offense under California's "Three Strikes Law." If a conviction under this law qualifies as your third "strike," your sentence automatically increases to a minimum of 25 years in prison.

What are the Common Legal Defenses?

If you've been charged with assaulting a peace officer or firefighter, a skilled California criminal defense attorney can implement several strategies to counter the charges.

Some defenses may involve refuting the charges completely, while others may be targeted toward disqualifying you from the enhanced penalties for assaulting a peace officer. These defenses include, but are not limited to:

  • Lack of Intent: In California, assault is a general intent crime, meaning the prosecution must show that you intended to commit an act that would result in the application of force. If the assault was accidental or unintentional, you may have a viable defense.
  • No Use of a Deadly Weapon: Your attorney may 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.
  • No Knowledge that the Victim Was a Peace Officer: If you can show that you were unaware of the person's status as a law enforcement officer or firefighter, it may at least reduce the severity of the charges.
  • Self-Defense or Defense of Others: If you can prove that you acted in self-defense or defense of others, the assault charges may be reduced or dismissed. This defense is particularly effective if the peace officer or firefighter is using excessive force or acting unlawfully.

For additional information, contact our California criminal defense law firm, Eisner Gorin LLP, based in Los Angeles, CA.

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