Call Us Today - It's Free! Text Us
Text Us

While threatening or attempting to commit harm to another person is a serious standalone offense, this charge can be aggravated when it involves a public servant. Assault on an officer in San Leandro is a felony offense that could result in a period of incarceration.

If you were accused of assaulting a law enforcement official, you should seek representation by an established defense attorney in the area. A hardworking lawyer could look for weaknesses in the prosecutions case and help defend your freedom.

How Can Someone Be Charged with Assault on an Officer?

Under California Penal Code Section 245(c), a person could be charged with assault on an officer if he or she threatens or attempt to harm a police officer or firefighter. These assaults are often taken very seriously and punished more harshly than simple assaults.

As these cases are unique, it is important to understand what actions could result in an assault on an officer charge in San Leandro. For example, if a law enforcement official attempts to subdue someone for another crime and that individual physically resists, that could potentially result in an assault on an officer charge.

Another instance that could result in these charges occurs during traffic stops. As an officer approaches a vehicle that he or she pulled over, if the driver attempts to flee and nearly strikes the officer in doing so, that too could result in assault charges. Of course there are possible defenses that can be formulated to attack whether an actual assault occurred or whether the accused actually knew that the victim was an officer, firefighter, or other official engaged in the performance of their duties when the act took place.

Does a Case Change If the Assault was Committed on an Officer Outside the Scope of His or Her Position?

Penal Code Section 245 (c) only applies when the law enforcement official or firefighter is in the line of duty at the time of the assault. Therefore, if an officer or firefighter in the area is assaulted while off-duty, the accused would not be charged with assault on an officer.

However, there is still political and social pressure present when a public servant is the alleged victim of an assault. For this reason, people facing these charges in San Leandro often face harsh punishments and relentless prosecution. Assault on an officer is charged as a strike felony and the individual can face up to five years in state prison if convicted.

Proving Assault on a Public Servant

In order for a person in San Leandro to be convicted of assault on an officer, there has to be proof that the person was assaulted while lawfully performing his or her duties as a public servant. This could include issuing a ticket, detaining somebody pursuant to an investigation, preventing someone from committing a traffic violation, or trying to break up a fight between two citizens.

The second element that must be proven for a conviction of this charge is that the person who allegedly committed the assault must have been aware the victim was a police officer or public official. For instance, if an off-duty plain clothes cop is assaulted while trying to break up a fight, then the crime would not be charged under 245 (c), however if the officer was reporting to the fight and fully uniformed in a marked police car, then a reasonable person would recognize him or her as law enforcement.

A critical issue in these cases is whether the officer was acting lawfully as part of his or her duties as a public servant, if the defendant was aware of the victim’s status as a public servant, and whether self-defense applies. A local defense attorney could help someone charged with assault on an officer fight against these allegations.

Defend Against Assault on an Officer Charges with a San Leandro Attorney

Due to the legal and political severity of a conviction of an assault on an officer in San Leandro, it is highly important to seek legal guidance from a skilled attorney if you have been accused of this crime. An accomplished lawyer could look for weaknesses in the prosecutions case and investigate whether the public servant was on duty at the time of the alleged assault or if the elements of the crime have been met. To learn more about how a legal professional could help you, call our office today and schedule a free consultation.

Top-Rated Criminal Defense Lawyers Serving the Bay Area

The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.

We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.

As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.

Our Team

Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.

Meet Our Team

Our Criminal Defense Attorneys: How to Take Back Control of Your Life, And Your Future.

When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.

From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.

We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.

Contact Us

Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.

Schedule a Meeting

Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.

Take Back Your Life

We work to resolve your legal problems so you can focus on what is most important



Why You Can Trust Us with Your Future

Our Criminal Defense Practice Areas

Our videos

Going to Court?

See All Courts