Assault on Police Officers and Firefighters

Where a crime is committed against a police officer or firefighter, the punishments are usually increased. The requirement is that the assault on the police officer, otherwise known as peace officers, or firefighter must be performed while someone in that category is performing in the scope of their duties, and the person committing the assault must know that the person is in these categories and are performing their duties.

Peace officers are defined as any sheriff, under sheriff or deputy sheriff; chief of police or police officer; marshal or deputy marshal of a municipal court; or member of the California Highway Patrol (CHP).

Firefighters are defined as officers, employees or members of a fire department, whether the person is a volunteer or paid, while he or she is engaged in firefighting, fire supervision, fire suppression, fire prevention or fire investigation.

The act of assault, which is described as the willful application of physical force upon another person, is not a crime where the assault was done in self-defense or in the defense of another person. The lawful self-defense, or defense of others, takes place where it is reasonably believed that such force is necessary to prevent an imminent unlawful application of force. In terms of peace officers and firefighters, the key word is "unlawful." Where the use of force is lawfully made, such as in a lawful arrest, it is not reasonable to offer resistance, and the law offers no respite here.

But where an officer or firefighter has exceeded their duties and unlawfully uses force to create great bodily injury, then it is reasonable to use that amount of force necessary to avert the imminent danger. The burden to prove that the self-defense was not lawful is on the prosecution. In a court of law, the burden of the prosecution is to prove the defendant's guilt "beyond a reasonable doubt." Where a reasonable doubt is created, a jury must find that a defendant is not guilty.

The crime of assault is a general intent crime, meaning that the defendant intended only his own actions, and not the end result. Such a finding may be negated where it is determined that there was a reasonable and honest mistake of fact. If so, the jury must make a finding of not guilty.

If you or a loved one has been arrested and charged with assault on a police officer or a firefighter, you must contact an experienced attorney immediately.