Assault On A Peace Officer Or Firefighter With A Deadly Weapon Or By Means Of Force Likely To Create Great Bodily Injury (PC 245(c)) In Riverside County Or Orange County

Posted in Assault FAQ'S on April 8, 2015

Defense Attorney For Assault on a Peace Officer or Firefighter With a Deadly Weapon or By Means of Force Likely to Create Great Bodily Injury (PC 245(c))

PC 245(c) is commonly known as Assault on a Peace Officer or Firefighter With a Deadly Weapon or By Means of Force Likely to Create Great Bodily Injury in California.

To prove that a defendant is guilty of PC 245(c), the prosecutor must prove eight things:

1. That the defendant did an act with a deadly weapon (other than a firearm), that by its nature would directly and probably result in the application of force to a person;
2. That the defendant did an act that by its nature would directly and probably result in the application of force to a person;
3. The force used was likely to produce great bodily injury;
4. The defendant did that act willfully;
5. When the defendant acted, he/she was aware of facts that would lead a reasonable person to realize that his/her act by its nature would directly and probably result in the application of force to someone;
6. When the defendant acted, he/she had the present ability to apply force with a deadly weapon or by force likely to create great bodily injury;
7. When the defendant acted, the person assaulted was lawfully performing his or her duties as a Peace Officer or Firefighter
8. The defendant did not act in self defense or defense of someone else.

“Application of Force” and “Apply Force” means to touch in a harmful or offensive manner.

The slightest touching can be enough if done in a rude or angry way under this law, and the prosecutor is not required to prove that a defendant actually touched someone.

The prosecutor is not required to prove that the defendant actually touched someone, or that the defendant actually intended to use force against someone when he or she acted.

No one needs to actually have been injured by the defendant’s act. But if someone was injured, that may be evidence that an assault was actually committed.

If you, or a family member has been arrested for assaulting a police officer or firefighter in Riverside County or Orange County, call Criminal Defense Attorney Graham Donath at (951) 667-5293.