Penal Code § 217.1 PC – Assault on a Public Official

Penal Code § 217.1 PC defines the crime of assaulting a public official “in retaliation for or to prevent the performance of the victim’s official duties.” The charge can be filed as a misdemeanor or a felony and carries a maximum sentence of up to 3 years in jail time and a fine of up to $10,000.00.

Examples

• throwing a chair at a public defender.
• threatening to use pepper spray on a city council member.
• taking a swing at a government official.

Defenses

You can challenge the accusation with a legal defense such as showing that:

• you did not act with criminal intent,
• there was no assault, and/or
• you acted in self-defense.

Penalties

Assault on a public official is a wobbler offense. This means it can be prosecuted as either a misdemeanor or a felony.

Assault on a public official	California penalties (PC 217.1)
As a misdemeanor	Up to 1 year in jail and/or $1,000
As a felony	16 months, 2 years, or 3 years in jail and/or up to $10,000

Our California criminal defense attorneys will explain the following in this article:

• 1. How does California law define “assault on a public official”?
• 2. Are there defenses to Penal Code 217.1 PC?
• 3. What are the penalties?
• 4. Are there related offenses?
• Additional Reading

1. How does California law define “assault on a public official”?

A prosecutor must prove the following elements of the crime to convict you of assault against a public official successfully:

1. you committed an assault,
2. the assault was committed against a “public official” or a member of a public official’s immediate family, and
3. you committed the assault either in retaliation for, or to prevent the performance of, the public official’s official duties.¹

A simple assault means an unlawful attempt to commit a serious bodily injury or violent injury on someone else, when you have the present ability to do so.² You do not actually have to succeed in injuring the other person to be guilty of assault charges.

For purposes of this criminal law, a “public official” is defined as any of the following:

• the President or Vice President of the United States,
• the Governor of any U.S. state or territory,
• a federal, state, or local justice, present or former judge or juror,
• a commissioner, referee, or other subordinate judicial officer,
• the secretary or director of any executive agency (federal or state),
• a federal or state elected official,
• a mayor, city council member, county supervisors, sheriff, law enforcement officer, peace officer, or municipal chief of police,
• a current or former prosecutor or district attorney, or
• a current or former public defender.³

Further, the “immediate family member” of any of these officials includes their:

• spouses,
• children,
• stepchildren,
• siblings,
• stepsiblings,
• parents, or
• stepparents.⁴

Note that you are only guilty of assaulting an official if you assaulted a public official either

1. to retaliate for, or
2. to prevent the performance of, their official duties.⁵

If you assaulted a public official, but the assault had nothing to do with the official’s job, then you are not guilty of this crime.

2. Are there defenses to Penal Code 217.1 PC?

Our criminal defense lawyers can use a legal strategy to help you contest charges under 217.1 PC. Three common strategies include showing that you:

1. did not act with criminal intent,
2. did not commit an assault, and/or
3. acted in self-defense.

No Criminal Intent

Recall that you are only guilty under this code section if you assaulted a public official with the specific intent to either retaliate for, or to prevent the performance of, their official duties. This means it is always a defense for to show that you did not act with this aim or purpose.

No Assault

Recall, too, that you are only guilty under this law if you committed an assault. Further, “assault” carries a precise legal definition. Therefore, you can always use the defense that you never “assaulted” a public official.

Self-defense

You can always raise the defense that you assaulted a public official out of the defense of yourself, someone else, or your property. Self-defense is a valid legal defense if you can show that:

1. you had a good faith belief that you, or someone else, were in imminent danger of physical harm or serious bodily injury,
2. the use of force was necessary to stop the danger, and
3. you used reasonable force under the circumstances.

3. What are the penalties?

A violation of Penal Code 217.1(a) is a wobbler. A prosecutor can charge a wobbler as either a misdemeanor or a felony depending on:

• your criminal history, and
• the facts of the case.

If charged as a misdemeanor, this offense is punishable by:

• custody in county jail (as opposed to state prison) for up to one year, and/or
• a maximum fine of $1,000.

A felony conviction under this law is punishable by:

• custody in jail for up to three years, and/or
• a maximum fine of $10,000.

4. Are there related offenses?

Assault With a Deadly Weapon – PC 245

Per Penal Code 245, assault with a deadly weapon is:

1. attacking (or attempting to attack) another person, and
2. doing so with a deadly weapon or by means likely to cause great bodily injury.

“Assault” under this statute carries the same meaning as it does under PC 217.1.

Battery – PC 242

Per Penal Code 242, battery is willfully and unlawfully using force or violence upon the person of another.

As with charges under PC 217.1, you can defend against charges under this statute by showing that you committed battery out of self-defense.

Assault on a Police Officer – PC 241

Under Penal Code 241, assault on a police officer is assaulting a police officer or other public safety first responder while they are performing their official duties.

Unlike with charges under PC 217.1, charges of this crime are always filed as misdemeanors.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• A Final Assault on Attempted Assaults – Santa Clara Lawyer.
• Sentence dispositions accorded assault and burglary offenders: An exploratory study in twelve California counties – Journal of Criminal Justice.
• Perceptions of Victims and Defendants in Criminal Assault Cases – Criminal Justice and Behavior.
• Incidence of Non-Fatal Workplace Assault Injuries Determined From Employer’s Reports in California – Journal of Occupational and Environmental Medicine.
• Drug Involvement in Criminal Assaults by Adolescents – Archive of General Psychiatry.

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