What Types Of Defenses Can An Attorney Use If You Are Facing Charges In Riverside County Or Orange County 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))?
Posted in Assault FAQ'S on April 8, 2015
Defense Lawyer 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))
First and foremost, a prosecutor must prove each and every element of their case beyond a reasonable doubt to a jury.
Typically, PC 245(c) defenses fall into one of six categories:
1. False Allegations: False allegations are common with assault charges. Often the person making the false allegations does so because they are worried about their own responsibility for the confrontation. Each case is different, and false allegations can often be attacked through conflicting evidence and proper cross examination of the witness.
2. Accident: The prosecutor has to prove that the assault was willful and unlawful. True accidents therefore wouldn’t qualify. However, before asserting an accident defense, it’s important to recognize that the accident has to be reasonable and believable to a jury.
Accident is limited as a defense also to those actions that were not intended at all.
A good example of an accident would be opening a door and the door hitting someone on the other side that you did not know was there.
An example of a case where an “accident” defense would not work is if you threw a rock in the direction of someone else to scare them but not intending to hit them.
Whether or not the rock hit that person, you would be technically guilty of Assault on a Peace Officer or Firefighter With a Deadly Weapon or By Means of Force Likely to Create Great Bodily Injury under that fact pattern.
3. Mistake: The prosecutor must prove that when the Assault occurred, you knew or reasonably should have known that the Peace Officer or Firefighter was performing his or her legal duties. If you didn’t know that the custodial officer or medical personnel was performing his or her legal duties, and that belief is reasonable, you may have a defense. However, before asserting a “mistake” defense, it’s important to recognize that the mistake has to be reasonable and believable to a jury.
4. The Peace Officer or Firefighter was not performing his or her legal duties: The prosecutor must prove that at the time the Assault occurred, the Peace Officer or Firefighter was actually performing his or her legal duties. The duties of a Peace Officer or Firefighter depend on the nature of their job.
5. The Force Used Was Not Likely to Produce “Great Bodily Injury”: The prosecutor must prove that at the time the Assault occurred, the amount of force used was likely to produce “great bodily injury”. “Great bodily injury” means significant or substantial physical injury. It is an injury that is greater than minor or moderate harm. Whether the force used was likely to produce “great bodily injury” depends heavily on the facts of your particular case.
6. Self-Defense: One of the most common scenarios in which PC 245(c)/ Assault on a Peace Officer or Firefighter With a Deadly Weapon or By Means of Force Likely to Create Great Bodily Injury comes up is in a scenario where it is unclear who the initial aggressor is.
Frequently, the party responsible for starting the physical altercation will deflect blame and not clearly detail their role as the aggressor or instigator, claiming to be the victim.
This is because they are aware of their own potential criminal liability.
The right to self defense means that you have the right to defend yourself when faced with grave, imminent danger and you believe such force is necessary to defend yourself.
You are only entitled to use that force reasonably necessary to defend against the danger.
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.
