PC 241.6: Assault on a School Employee

Legal Definition:

PC 241.6: “When an assault is committed against a school employee engaged in the performance of his or her duties, or in retaliation for an act performed in the course of his or her duties, whether on or off-campus, during the school day or at any other time, and the person committing the offense knows or reasonably should know the victim is a school employee, the assault is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both the fine and imprisonment…”

For a person to be convicted of a violation of PC 241.6 the prosecution must show that:

1. You committed an assault on a school employee;
2. At the time of the offense, the school employee was engaged in the performance of his or her duties;

OR

3. Acted in retaliation for an act performed in the course of the school employee’s duties

AND

4. You knew or reasonably should have known that the school police officer was engaged in the performance of his or her duties.

What does this mean?

As used in the section, “school employee” means any person employed as a permanent or probationary certificated or classified employee of a school district on a part-time or full-time basis, including a substitute teacher. “School employee,” as used in this section, also includes a student teacher or a school board member.

The difference between this charge and simple Assault under PC 240, is that your possible jail time is doubled. The purpose of this charge is to protect school employees, such as teachers and staff. The school employees don’t also have to be currently working at the time of the assault, this also penalizes retaliation. For example, waiting in the parking lot to attached a school employee when they are off the clock, won’t change your situation or charges.

An assault is an attempted battery. You do not need to make contact with another to commit an assault. If you raise your fist and swing at another person, then only stopping your fist right before their face, then you have committed an Assault.

Penalties

An assault on a school police officer under PC 241.6 is a misdemeanor-only offense. A misdemeanor conviction can cause you to be imprisoned in a County Jail for up to 1 year. You would have to serve at least 50% of that time in custody.

PC 241.6 is a not strike offense under the Three Strikes Law and is not a charge requiring Sex Registration under PC 290. You would likely face a loss, suspension, or revocation of your professional license. You could also face immigration consequences if you are a non-US Citizen living in the United States, since this may be considered an aggravated felony under Federal Law.

Common Defenses

1. Statute of Limitations
2. Insufficient Evidence
3. Violation of Rights
4. False Allegations

In order to be found guilty, the elements of the crime must be met. This charge can be fought by your Ontario Criminal Defense Attorney by arguing that you either did not commit an assault or that you did not know you were committing an assault against a school employee who was working in the performance of their own duties. Failing to show the elements of the crime would mean there is insufficient evidence to prove you guilty of this charge.

False accusations are not technically considered a “defense” in criminal law. In essence, the defense of false accusations comes from a person who falsely blames you for a crime you did not commit. So in essence, there is a witness that is blaming you for the crime, and you are claiming you are innocent. In many other defenses under California law, you are guilty of the crime, but there is a technical defense that prevents a conviction, different than here. A school employee may not like you based on whatever reasons, skipping class, getting in trouble, etc. Here, you’d argue that the allegations are false, and you are being falsely accused of the crime.

Call Today

Facing a criminal conviction is a moment that can profoundly affect every aspect of your life and future. Among these charges, PC 241.6—assault on school property by anyone not a student—carries significant legal and personal consequences. With the stakes so high, securing expert legal representation is not just advisable; it’s imperative.

At Inland Empire Criminal Defense, our Ontario-based PC 241.6 attorney has a distinguished track record of successfully defending individuals against a wide array of criminal charges throughout the Inland Empire. Our experience and dedication mean that we understand the complexities of these cases and how best to navigate them in pursuit of a favorable outcome.

Why Trust Inland Empire Criminal Defense for PC 241.6 Defense?

• Specialized Expertise: Our focused experience with PC 241.6 and other criminal offenses ensures that your defense is informed by a comprehensive understanding of the law and a strategic approach tailored to your specific case.
• Proven Track Record: With thousands of successful defenses to our name, we have demonstrated time and again our ability to effectively challenge the prosecution and advocate for our clients’ rights and freedoms.
• Dedicated Support: Recognizing the anxiety that comes with facing criminal charges, we offer 24/7 availability to ensure you have access to the support and answers you need, whenever you need them.

Start Your Defense with Inland Empire Criminal Defense

The potential ramifications of a PC 241.6 charge highlight the importance of immediate, informed, and determined legal action. Inland Empire Criminal Defense, located in Ontario, CA, is prepared to provide the specialized legal support necessary to effectively address these charges.

Contact Inland Empire Criminal Defense Today

If you or a loved one is facing charges under PC 241.6, don’t hesitate to secure the legal expertise necessary to protect your future. Contact Inland Empire Criminal Defense at 909-939-7126 to benefit from our complimentary initial consultation. Our commitment to providing expert legal counsel and support is your advantage in navigating through this challenging time and securing the best possible outcome for your case. Let us be your ally in this critical moment.