California law defines the crime of assault as recklessly or intentionally attempting to inflict force on someone else. As you might imagine, this definition covers a range of situations — everything from simple physical altercations to more serious cases.
The crime of “Assault with a deadly weapon on a school employee” is one of those more serious cases. Defined under California Penal Code 245.5 PC, it makes it illegal to assault a school employee in the course of their regular duties with a deadly weapon, firearm or stun gun/Taser. Depending on the facts of the case, assault with a deadly weapon on a school employee can be charged as a felony, which carries prison sentences of up to 8 years.
If you or someone you love has been charged with Assault with a deadly weapon on a school employee, it’s important to speak with a skilled Los Angeles criminal defense attorney. Call us today for a free case review – 800-834-6434.
What is ‘Assault with a deadly weapon on a school employee?’
In criminal law, the term “elements of the crime” refers to the specific facts that must be established in order for a defendant to be found guilty of a particular offense. In the context of assault with a deadly weapon on a school employee, these elements include:
- The defendant committed assault with a deadly weapon on someone who was a school employee. This includes anyone employed by a school district on a full-time or part-time basis, everyone from teachers to administrators, custodians and bus drivers.
- The defendant knew or should have known that the alleged victim was a school employee engaged in their duties.
- The victim was engaged in the performance of those duties, either on or off school property.
Penalties for ‘Assault with a deadly weapon on a school employee’
In California, a “wobbler” is a criminal offense that can be charged as either a misdemeanor or felony. The determination of whether an assault with a deadly weapon on a school employee will be charged as a misdemeanor or felony will be based on the specific facts of the case and the defendant’s criminal history.
Assault with a deadly weapon on a school employee is a wobbler, and penalties are based on the weapon used in the assault.
If the defendant used a weapon other than a firearm
Penalties will typically fall into one of these two categories.
- Misdemeanor: Up to 1 year in county jail
- Felony: 3, 4 or 5 years in state prison
If the defendant used a firearm in the assault
- Misdemeanor: Up to 1 year in county jail
- Felony: 4, 6 or 8 years in state prison
If the defendant used a stun gun or Taser in the assault
- Misdemeanor: Up to 1 year in county jail
- Felony: 2, 3 or 4 years in state prison
Defenses against ‘Assault with a deadly weapon on a school employee’ charges
There are a number of possible defenses against assault with a deadly weapon on a school employee charges. Some of the most common include:
- The defendant did not know the victim was a school employee
- The assault was in self-defense
- The weapon was not used intentionally
- The alleged victim wasn’t actually a school employee
- The assault was done under duress
Your attorney will work with you to carefully review the facts of the case and craft a defense specific to your situation. While it might not be possible to have your case dropped or dismissed completely, depending on the facts of your case, your attorney might be able to have your charges reduced to much milder “vanilla assault” charges.
Robert M. Helfend is a criminal defense attorney in Los Angeles. He has more than 40 years of experience helping people who have been charged with a crime. His areas of practice include assault, domestic violence, federal crimes, homicide and more. Call today for a free case review – 800-834-6434.