California Penal Code 245c PC – Assault with a Deadly Weapon on a Peace Officer
In California, Penal Code 245c PC makes it a felony to assault a peace officer with a deadly weapon or by means likely to produce great bodily harm. This serious offense applies to individuals who knowingly attack law enforcement officers, firefighters, or other protected personnel while they are lawfully performing their duties.
A conviction under 245c PC can lead to severe penalties, including years in prison, significant fines, and a permanent felony record. Because the charge cannot be reduced to a misdemeanor, those accused must act quickly to protect their rights.
If you or a loved one is facing assault on a peace officer charges, it is crucial to understand the legal implications, possible defenses, and the importance of having an experienced Los Angeles criminal defense attorney on your side.
What Is Assault on a Peace Officer Under Penal Code 245c PC ?
Assaulting a peace officer with a deadly weapon or using force likely to cause great bodily injury is considered a felony in California. This law applies when the officer is lawfully performing their duties and extends to other protected officials as well.
Legal Definition of Assault on a Peace Officer
In order to obtain a conviction under Penal Code 245c PC, the prosecution must establish the following elements:
- You committed an assault – You took intentional action that could cause harm, even if no actual injury occurred.
- You used a deadly weapon or force – A weapon or physical force capable of causing serious bodily harm was involved.
- The victim was a peace officer – The alleged victim was a law enforcement officer, firefighter, or other protected official.
- The officer was performing official duties – At the time of the alleged assault, the officer was lawfully engaged in their job.
- You knew (or should have known) they were a peace officer – The officer must have been clearly identifiable, such as wearing a uniform or badge.
Who is Considered a Peace Officer Under California Law?
Under California law, a ‘peace officer’ includes a broad range of law enforcement and emergency personnel entrusted with maintaining public safety and enforcing the law.
Peace Officers Defined Under Penal Code 245c PC Include:
- Police officers – City law enforcement officials.
- Sheriffs and deputies – County-level officers responsible for law enforcement and jail operations.
- California Highway Patrol (CHP) officers – State law enforcement officers overseeing road safety and vehicle code violations.
- Firefighters – Public safety officials responding to fires and emergency rescues.
- Paramedics and emergency medical personnel – First responders providing medical assistance.
- Probation officers – Officials supervising individuals on probation or parole.
- Corrections officers – Law enforcement personnel overseeing county jails or state prisons.
Assaulting any of these officials while they are performing their lawful duties can result in far more severe penalties than those imposed under standard assault charges like California Penal Code 240 or 245(a)(1)
What Qualifies as a “Deadly Weapon” in an Assault Case?
Under Penal Code 245c PC, a deadly weapon includes any object or means of force capable of causing significant bodily harm or death. Notably, actual injury to the victim is not required—simply attempting to use or threatening to use such a weapon against a peace officer can result in felony charges.
Examples of Deadly Weapons Under PC 245(c):
- Firearms – Includes handguns, rifles, and shotguns, whether loaded or unloaded, even if they are not fired.
- Knives and Sharp Objects – Blades, box cutters, broken glass, or any sharp instrument.
- Blunt Objects – Baseball bats, metal pipes, hammers, or crowbars.
- Vehicles – Using a car, truck, or motorcycle to strike or attempt to strike an officer.
- Improvised Weapons – Any object used in a way that could inflict serious bodily harm, such as a bottle, belt, or heavy tool.
“Deadly Force” Without a Weapon
Even if no physical weapon is used, a person can still be charged under PC 245(c) if they use force likely to cause great bodily injury (GBI). Examples include:
- Punching or kicking an officer with extreme force.
- Shoving, throwing, or tackling an officer to the ground.
- Striking the officer’s head or neck in a way that could cause a serious injury.
- Pushing an officer down a flight of stairs or into traffic.
Penalties for Assaulting a Peace Officer Under Penal Code 245c PC
The penalties for assault with a deadly weapon against a peace officer are far more severe than a standard assault with a deadly weapon (ADW) charge. The exact punishment depends on the type of weapon used and the circumstances of the crime.
Assault with a Deadly Weapon (Other than a Firearm) – PC 245(c)
- 3, 4, or 5 years in California state prison
- Up to $10,000 in fines
- Formal probation (in rare cases)
- A “strike” under California’s Three Strikes Law
- Permanent criminal record
Assault with a Firearm – PC 245(d)
The sentencing range varies depending on the type of firearm used:
- Standard firearm – 4, 6, or 8 years in state prison
- Semiautomatic firearm – 5, 7, or 9 years in state prison
- Assault weapon or machine gun – 6, 9, or 12 years in state prison
Sentencing Enhancements
- Use of a firearm may trigger additional sentencing enhancements under California’s “Use a Gun and You’re Done” laws, leading to longer prison sentences or even life in prison.
- Multiple prior felony convictions could increase penalties under California’s Three Strikes Law, potentially leading to 25 years to life in prison.
Effective Defenses Against Penal Code 245c PC Charges
Self-Defense or Defense of Others
You had a reasonable belief that you or another person was in imminent danger of bodily harm, and you used only the necessary force to protect yourself or someone else. If proven, this defense can result in a dismissal of charges.
Lack of Intent
For an assault charge to hold, the prosecution must prove that you intended to commit the act. If the incident was an accident—such as an unintended movement or a reflexive reaction—this can be a strong defense.
False Accusations
False allegations against peace officers happen more often than people realize. The officer may have:
- Misinterpreted your actions as an assault.
- Exaggerated the severity of the incident.
- Falsely accused you due to bias, personal conflict, or a desire to justify excessive force.
A skilled defense attorney can challenge the credibility of the officer’s testimony and uncover inconsistencies in the evidence.
No Knowledge That the Victim Was a Peace Officer
To be convicted under Penal Code 245(c), the prosecution must prove that you knew—or reasonably should have known—that the alleged victim was a peace officer engaged in official duties. If the officer was not in uniform, failed to identify themselves, or was acting in a way that did not clearly indicate their status, you may have a strong defense. If you had no reasonable way of knowing the person was law enforcement, this could lead to a dismissal or reduction of charges.
No Use of a Deadly Weapon or Deadly Force
Penal Code 245c PC requires that the assault involve a deadly weapon or force likely to cause great bodily injury. If the prosecution cannot prove that you used a weapon or applied force capable of causing serious harm, then the charge may not be valid. For example:
- If you only made verbal threats but never physically acted, this would not meet the legal definition of assault under PC 245(c).
- If the officer misinterpreted a non-threatening movement as an attack, your attorney can argue that no actual assault took place.
Frequently Asked Questions About Penal Code 245c PC
Can I Be Charged Under PC 245(c) If No Physical Contact Occurred?
Yes. Assault does not require actual physical contact. Under California law, an intentional act that could cause harm—such as raising a weapon or making a threatening movement—can still qualify as assault, even if no injury occurs.
What If I Didn’t Know the Person Was a Police Officer?
If the officer was not in uniform, failed to identify themselves, or was not clearly recognizable as law enforcement, this can be a valid defense. The prosecution must prove that you knew or reasonably should have known that the individual was a peace officer engaged in official duties.
Is Assault on a Peace Officer a “Strike” Under California Law?
Yes. A conviction under PC 245(c) is a strike offense under California’s Three Strikes Law. This means:
- A first strike results in a more severe sentence for any future felonies.
- A second strike doubles the normal prison sentence.
- A third strike can result in 25 years to life in prison.
Contact a Los Angeles Criminal Defense Attorney Today
Facing a charge for assaulting a police officer with a deadly weapon in Los Angeles is a serious matter that can have life-changing consequences. However, with the help of an experienced Los Angeles criminal defense attorney, you can approach your case with a clear plan and the legal support you need.
At The Law Offices of Arash Hashemi, we have over 20 years of experience representing clients accused of assault and other criminal offenses. Attorney Hashemi is dedicated to thoroughly reviewing each case, identifying weaknesses in the prosecution’s evidence, and challenging false accusations or improper police conduct. When possible, we negotiate for reduced charges or alternative sentencing. If necessary, we are prepared to fight aggressively in court to protect your rights and achieve the best outcome.
If you have been charged with assaulting a police officer, it is crucial to seek legal advice immediately. Contact our criminal defense attorney today to discuss your case and learn how we can help.
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