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Penal Code 241.3: Assault on a Public Transportation Provider Laws in California

PC 241.3: Assault on a Public Transportation Provider

Legal Definition:

PC 241.3(a): “When an assault is committed against any person on the property of, or on a motor vehicle of, a public transportation provider, the offense shall be punished…”

For a person to be convicted of a violation of PC 241.3 the prosecution must show that:

  1. You did an act that by its nature would directly and probably result in the application of force on a person;
  2. You did this willfully;
  3. When you acted, you were aware of facts that would lead a reasonable person to realize that your act by its nature would directly and probably result in the application of force to someone;
  4. When you acted, you had the present ability to apply force to that other person;
  5. When you acted, you were on the property of a public transportation provider/motor vehicle of a public transportation provider.

AND

  1. You did not act in self-defense.

What does this mean?

Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage. The terms application of force and apply force mean to touch in a harmful or offensive manner. The slightest touching can be enough if it is done in a rude or angry way. Making contact with another person, including through his or her clothing, is enough. The touching does not have to cause pain or injury of any kind

As used in this section, “public transportation provider” means a publicly or privately owned entity that operates, for the transportation of persons for hire, a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicles, including a vehicle operated on stationary rails or on a track or rail suspended in air, or that operates a school bus. As used in this section, “on the property of” means the entire station where public transportation is available, including the parking lot reserved for the public who utilize the transportation system.

This charge elevates a standard assault offense when it is committed on the land or property that is being used as a transportation system. Assault does not require any actual touching. It is simply an attempted battery. If you raise your fist and swing at another person, then only stopping your fist right before their face, then you have committed a Simple Assault. This takes a Simple Assault and raises it to a more serious offense.

Penalties

An assault on Public Transportation is a misdemeanor-only offense. A conviction of this charge can send you to County Jail for up to one year. You would be required to serve at least 50% of that time in custody. You would also be subject to fines up to $2,000. This is in addition to possible Stay Away Orders from the Victim or the area where the assault took place.

PC 241.3 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
  5. Self-Defense

You can defend against the charge by using the defense of self-defense. In California, you are allowed to use force against another person if you reasonably believe that you must use force to defend yourself against the threat of immediate harm. In other words, if you are threatened with an attack, you have the right to defend yourself, and fight back. Here, regardless of whether the assault took place, but if you were acting in defense of yourself or of another, then that can act as a defense to criminal charges you are facing.

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. Imagine a fight over a seat on a public bus, and then that person starts attacking you. They can lie. They could have a witness claim you started the fight, and punches were thrown and you were the instigator. A defense here shows the officer’s bias and can help defend against allegations that you committed this battery offense.

Call Today

The repercussions of a criminal conviction stretch far beyond the courtroom, potentially altering the very fabric of your life and the future you envision. When your freedom hangs in the balance, facing charges under PC 241.3, which pertains to assault on a school employee, demands the immediate attention of an experienced legal team that comprehends the gravity of your situation.

At Inland Empire Criminal Defense, our Ontario-based PC 241.3 attorney brings a formidable combination of knowledge, experience, and a track record of successful defenses to bear in protecting the rights and futures of individuals charged with criminal offenses throughout the Inland Empire.

Why Inland Empire Criminal Defense for PC 241.3 Defense?

  • Experienced Legal Representation: With hundreds of successful defenses, our attorney has demonstrated the ability to navigate the complexities of criminal law, specifically relating to charges under PC 241.3.
  • Dedicated to Your Freedom: We understand the stakes involved and are committed to leveraging every aspect of our expertise to protect your freedom and prevent the devastating impact a conviction could have on your life.
  • 24/7 Support and Guidance: Recognizing the anxiety and uncertainty that accompany criminal charges, we offer round-the-clock availability to ensure you’re supported every step of the way.

Begin Your Defense Journey with Confidence

Facing charges under PC 241.3 is a serious matter that requires a proactive and informed legal defense. Inland Empire Criminal Defense, located in Ontario, CA, stands ready to provide the specialized legal support necessary to effectively confront these charges.

Contact Inland Empire Criminal Defense Today

If you or a loved one is facing charges under PC 241.3, don’t delay in seeking the expert legal representation you need. Contact Inland Empire Criminal Defense at 909-939-7126 to take advantage of our free initial consultation. Our commitment to offering expert legal counsel and unwavering support is your advantage in navigating this challenging time. Let us stand by your side and fight for your future.

Frequently Asked Questions (FAQ’s)

Does the attorney offer confidential consultations?

Absolutely, Inland Empire Criminal Defense prioritizes your privacy and confidentiality. Every consultation with our attorney is conducted with the utmost discretion, ensuring your information remains secure and private.

Does the attorney offer payment plans?

Yes, understanding the financial pressures that can come with legal representation, our attorney offers flexible payment plans. This approach ensures that quality legal defense is accessible for all our clients in Riverside, San Bernardino, and Los Angeles Counties.

Is the consultation free?

Yes, Inland Empire Criminal Defense offers free consultations. This is part of our commitment to providing accessible and transparent legal services to residents of Riverside, San Bernardino, and Los Angeles Counties.

Are the consultations in person or only over the phone?

We offer both in-person and over-the-phone consultations to accommodate your preferences and needs. Whether you’re in Riverside, San Bernardino, or Los Angeles County, we ensure that you can access our legal services in the way that suits you best.

Is the office open on weekends?

Our office is typically closed on weekends. However, we do make exceptions for meetings by special arrangement. Our commitment is to be as accommodating as possible to meet the unique needs of our clients in Riverside, San Bernardino, and Los Angeles Counties.

Does the attorney serve all of California?

Our legal services are specifically tailored to residents of Riverside, San Bernardino, and Los Angeles Counties. For cases outside these areas, we recommend consulting avvo.com to find appropriate legal assistance. Our focused approach allows us to provide specialized defense catering to the unique legal landscape of these counties.

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