California Penal Code 241(c) – Assault on a Police Officer

If you or a loved one has been accused of assaulting a police officer in Los Angeles, securing strong legal representation is essential. At The Law Offices of Arash Hashemi, our experienced Los Angeles criminal defense attorney is committed to protecting your rights and crafting a strong defense strategy. Call  our office today at (310) 448-1529 to schedule your free consultation and discuss your case

What Is Assault on a Police Officer Under Penal Code 241(c)?

Under California Penal Code 241(c), assault is defined as an unlawful attempt, coupled with the present ability, to commit a violent injury against a peace officer or other protected official while they are lawfully performing their duties.

This law applies to more than just police officers—it also protects:

• Sheriff’s deputies
• California Highway Patrol (CHP) officers
• Firefighters
• Paramedics and EMTs
• Animal control officers
• Traffic enforcement officers

Key Distinction: Physical contact is not required for an assault charge under PC 241(c). Simply attempting or threatening to use force can result in criminal charges, even if no injury occurred.

Because of the broad interpretation of assault against a peace officer, many cases involve resisting arrest, verbal confrontations, or alleged aggressive behavior during police encounters. However, not every confrontation with law enforcement qualifies as criminal assault. If the officer was acting unlawfully, using excessive force, or was not clearly identifiable as law enforcement, the charge may not be valid.

Key Elements of an Assault on a Police Officer Charge

To secure a conviction under California Penal Code 241(c) for assault on a police officer, the prosecution must prove each of the following elements beyond a reasonable doubt:

You Committed an Assault

You must have unlawfully attempted to use force or violence against a police officer or other protected official. Physical contact is not required—a verbal threat or an action such as swinging a fist and missing may still qualify as assault if you had the present ability to cause harm.

The Alleged Victim Was a Protected Official

The person you allegedly assaulted must be a peace officer or another protected public official as defined under California law.

The Officer Was Performing Lawful Duties

The prosecution must show that the officer or official was acting within the scope of their lawful duties at the time of the alleged assault.

✅ Example: A police officer making a lawful arrest would be considered to be performing their duties.
❌ Example: If an officer uses excessive force or acts unlawfully, this element may not be satisfied.

You Knew or Should Have Known the Victim Was a Police Officer

The prosecution must prove that you knew or reasonably should have known that the person was a police officer or protected official engaged in their duties.

✅ Example: A uniformed police officer clearly identified as law enforcement would satisfy this element.
❌ Example: An undercover officer without identification may not meet this standard if you had no way of knowing they were law enforcement.

Each of these elements must be proven for a conviction under PC 241(c). If any one of them is in doubt, the charges against you may not stand in court.

Penalties For Assault On A Police Officer Under Penal Code 241(c)

Violating Penal Code Section 241(c) is a misdemeanor offense, but it carries harsher penalties than a standard assault charge under Penal Code Section 240.

If convicted, penalties may include:

• Jail Time: Up to 1 year in county jail,
• Fines: Up to $2,000,
• Probation: Informal (summary) probation, which may include:
  • Attending anger management classes,
  • Performing community service, or
  • Submitting to court-ordered counseling.

Additionally, a conviction for assaulting a police officer may:

• Result in a permanent criminal record that can impact employment and housing opportunities,
• Jeopardize professional licenses, and
• Lead to immigration consequences for non-U.S. citizens, including deportation or inadmissibility.

Legal Defenses for Assaulting a Police Officer Charges

One possible defense is that you did not knowingly assault a police officer or that you lacked the intent to commit an assault. If the officer was not in uniform or failed to identify themselves, you may not have realized they were a law enforcement official. In these cases, the prosecution may struggle to prove that you knew or should have known you were dealing with a peace officer.

Similarly, self-defense or defense of others may apply if you believed you were in imminent danger of bodily harmand reacted to protect yourself. If an officer used excessive force during an arrest or engaged in unlawful conduct, your response may have been a justified attempt to prevent serious injury.

Another potential defense is lack of present ability to commit an assault. Assault requires the immediate ability to inflict harm, even if no physical contact occurred. If you made a verbal threat or a movement that was misinterpreted but did not have the ability to follow through, this element of the charge may not be satisfied.

You may also be able to argue false accusations or mistaken identity. In chaotic situations, such as protests or large gatherings, law enforcement officers may misidentify individuals or exaggerate claims of assault. Surveillance footage, witness testimony, or inconsistencies in the officer’s report can help challenge the prosecution’s case.

Finally, if the officer was not lawfully performing their duties, the charge may not hold up in court. Officers who engage in unlawful arrests, excessive force, or misconduct may not be considered to be acting within the scope of their duties. If your arrest or interaction involved police misconduct, this could be a crucial part of your defense.

Frequently Asked Questions About PC 241(c) Charges

Can I Get My Charges Reduced or Dismissed?

Yes, it is possible to have your assault on a police officer charges reduced or dismissed, depending on the circumstances of your case. A skilled defense attorney may negotiate for a reduction to simple assault (PC 240) or disturbing the peace (PC 415), which carry lesser penalties. If there is insufficient evidence, proof of unlawful police conduct, or a lack of intent to commit assault, the case could be dismissed entirely. Every case is unique, and an experienced attorney will assess the facts to determine the best strategy for your defense.

Will a Conviction Affect My Criminal Record?

A conviction under creates a permanent criminal record, which can impact employment, housing, and professional licensing. If you successfully complete probation, you may qualify for expungement under Penal Code 1203.4, which can help minimize long-term consequences.

What Should I Do If I’ve Been Arrested for Assaulting an Officer?

Remain calm and do not speak to law enforcement without an attorney. Avoid resisting arrest, as it could lead to additional charges. Document any relevant details, such as witness accounts or video evidence. Contact a Los Angeles criminal defense attorney immediately to review your case and start building a defense.

Contact a Los Angeles Criminal Defense Attorney to Discuss Your Case

If you are facing charges for assaulting a police officer in Los Angeles, the consequences can be severe. A conviction can lead to jail time, fines, and a permanent criminal record, impacting your future opportunities. At The Law Offices of Arash Hashemi, we have over 20 years of experience defending clients against serious criminal charges, including assault on law enforcement officers.

When you work with our firm, Attorney Hashemi will personally review the details of your case, analyze the prosecution’s evidence, and develop a strong defense strategy. Whether it’s negotiating for reduced charges, seeking a case dismissal, or aggressively representing you in court, our goal is to protect your rights and minimize the impact of these charges.

Time is critical in building an effective defense. Contact our Los Angeles criminal defense attorney today for a free consultation to discuss your case and explore your legal options.

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Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.