How long will an 18 year old go to jail for assaulting a police officer? 7 Answers as of December 02, 2010

How long will I spend in jail because I am 18 years old and I assaulted a California police officer?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
There are several sections of the California Penal Code that can be charged when an officer is assaulted. The charge can be brought as a misdemeanor, a felony, or can be filed as a charge that can be either a misdemeanor or felony, a 'wobbler'. The difference is very important.

Penal Code section 241(c), 'Assault on a Peace Officer', is a misdemeanor, punishable by no more than one year in jail. Under the current law, a defendant would spend no more than six months in jail on a year sentence. Such a sentence is very, very unlikely. It would be much more common for a defendant, on a first offense, to be sentenced from say, thirty days, to approximately 120 days in jail, and then allowed to serve the sentence on a work release program on the weekends, or to wear a GPS tracking device ('Electronic Detention', or "House Arrest"). It would be more common to see the charge files as Penal Code section 243(b), 'Battery on a Peace Officer'. The possible punishment is the same, including a fine of up to $2,000. For technical reasons, I would rather have the 241(c), but neither is something you want on your record. It would be better to plea bargain the charge down. "Resisting Arrest", that is, 'Delying a Peace Officer',
Penal Code section 148(a)(1), would be better.

If you hurt the officer, you might see 243(b) filed as a 243(c)(2), which is punishable by a prison sentence (not "jail"), of 16 months, two years, or three years (1/2-time eligible). Still, an eighteen year old would be likely to only get probation, even for a felony conviction, and would probably still be able to participate in a work release program. If you really committed some serious violence, the charge could be filed as Penal Code section 245(c), which is punishable by a sentence of three, four or five years. It is still a half-time eligible charge, but is a "strike" conviction under California law. That charge should definitely be plea bargained down, no matter what.

All in all, if it was just a scuffle, with no serious injuries, you should expect to see no more than a misdemeanor, at most, with probation, and no actual jail time on the sentence. You might have to attend an Anger Management class, along with various other fines, and terms and conditions of probation.
Answer Applies to: California
Replied: 12/2/2010
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Felony assault in an officer potentially carries up to three years in prison though it also can a misdemeanor carrying up to one year in the county jail. You can also receive probation and a much lesser county jail sentence. It all depends on many factors including the seriousness of the assault, any prior record, whether it is a felony or misdemeanor and whether the officer was hurt. Your attorney could advise you more specifically.
Answer Applies to: California
Replied: 11/30/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
As long as you are sentenced to, up to the max provided in the law. That is determined by what the actual charge[s] are filed against you, and whether you are convicted or plea bargain a reduced deal.

If you are arrested and charged with a crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or OR, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a decent outcome or plea bargain for you. If serious about doing so, feel free to contact me. Ill be happy to help you use whatever defenses you may have. If you cannot afford private counsel, apply for the Public Defender.
Answer Applies to: California
Replied: 11/29/2010
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
It really depends on the situation and the details surrounding the charge. You should call an attorney to speak to them in further detail about the case. I offer a free initial consultation if you would like to call me. If not, I am sure other attorneys offer free consultations as well.
Answer Applies to: California
Replied: 11/29/2010
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
It all depends on "what" you are being charged with. It could be a simple resisting arrest misdemeanor or a felony assault, and anything in between. Contact a lawyer immediately to discuss your case.
Answer Applies to: California
Replied: 11/29/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    It depends on how seriously the cop was hurt, whether you were charged with a misdemeanor or felony. and what the reason was for the assault. It also depends tremendously on whether you have a prior record of assaultive behavior as a juvenile. A lot also depends on which DA and which Judge you wind up with.

    If it is in the Bay Area I will be happy to speak with you and if elsewhere I can probably suggest a good lawyer in that part of the state.
    Answer Applies to: California
    Replied: 11/29/2010
Click to View More Answers: