California law criminalizes the act of conducting “assault” and defines it as an unlawful attempt of a person to commit a violent injury to someone when there was a high ability to commit this injury.
Teachers and other school employees enjoy high protection under state legislation. As such, California Penal Code section 245.5 PC is makes it a crime to assault of a school employee.
Who is Considered a “Victim” Under Penal Code Section 245.5 PC?
Under Penal Code section 245.5 PC the victim is the “school employee”. A victim qualifies as a school employee if they are a permanent or probationary employee. This includes both full-time or part-time, including teachers, substitute teachers, and other administrative employees. For example, school bust drivers also fall under “school employees”.
What are the Elements of Penal Code 245.5 PC?
To be found guilty under PC 245.5, the prosecution must prove that:
- You willfully and unlawfully touched a school employee in a harmful or offensive manner;
- When you acted, the school employee was performing their duties as a school employee
AND; - When you acted, you knew or reasonably should have known, that the person unlawfully touched was a school employee
The School Employee Must Be Performing His or Her Duties At the Time the Offense Occured
To be charged and convicted under this offense, the school employee must be performing their employment duties at the time of the offense. Thus, if the assault occurs in the evening while the teacher is walking in the park with his dog, the defendant cannot face charges under Penal Code section 245.5.
What is Penal Code 245.5 PC?
Penal Code 245.5 PC makes it a crime to assault a school employee with a deadly weapon, a firearm, or a stun gun or taser or by any other means likely to produce great bodily injury upon the person of a school employee. Penal Code 245.5 PC can result in either a misdemeanor or a felony charge.
Penalties for a Penal Code Section 245.5 PC Conviction
Penalties for a 245.5 PC conviction vary based on the type of weapon used during the assault.
Deadly Weapon Other Than a Firearm
If the defendant used a deadly weapon, other than a firearm, the penalties include imprisonment in the state prison for 3, 4 or a maximum of 5 years of imprisonment in jail for up to one year.
Firearm
If the defendant used a firearm while conducting the assault, the penalties include imprisonment in state prison for 4,6 or 8 years of imprisonment in jail for up to one year.
Stun Gun or a Taser
In the event the defendant used a stun gun or a taser, the penalties include imprisonment in state prison for 2, 3, or 4 years of imprisonment in a country jail for up to one year.
Defense of a Defendant Charged with Assaulting a School Employee
Defendants charged under section 245.5 may have several defenses. One such defense is lack of intent. If the defendant:
- Did not intend to cause bodily harm
- Was in the heat of passion
The defense can argue that the assault was not intentional. In addition, the defense of necessity may be used. If the defendant acted in response to an immediate threat to his or her health or life.
Reduced Punishment for the Crime
If the defendant accused of assaulting a school employee pleads guilty, or if there are mitigating circumstances, the defense may request a reduced sentence. This may include suggestions for alternative action. Such as:
- A rehabilitation program
- Conditional release instead of incarceration
It is important to note that the court’s decision will largely depend on:
- The nature of the assault
- The weapon used
- The harm done to the victim
Impact on the Defendant’s Career
Punishment for the crime of assaulting a school employee can have a significant impact on the defendant’s career. Especially if he or she works in education. A charge under Section 245.5 may result in:
- Suspension
- Loss of license
And other professional consequences that may limit future employment opportunities.
The Role of an Attorney in a School Employee Assault Case
It is important to contact an experienced attorney who specializes in criminal cases. A defense attorney will be able to:
- Identify potential procedural errors
- Highlight mitigating circumstances
- Ensure that the defendant receives a fair trial
If you or a loved one is facing charges under California Penal Code Section 245.5, do not delay in consulting with a qualified attorney.
Los Angeles Criminal Defense Attorney
It is essential to consult with a Los Angeles criminal defense attorney to try to mitigate the punishment for the commitment of the assault. We invite you to contact our criminal defense attorney today at (310) 943-1171 for a free consultation and case review.