PC 245.5: Assault on a School Employee

Legal Definition:  (a) Every person who commits an assault with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury upon the person of a school employee, and who knows or reasonably should know that the victim is a school employee engaged in the performance of his or her duties, when that school employee is engaged in the performance of his or her duties, shall be punished…

(b) Every person who commits an assault with a firearm upon the person of a school employee, and who knows or reasonably should know that the victim is a school employee engaged in the performance of his or her duties, when the school employee is engaged in the performance of his or her duties, shall be punished…”

(c) Every person who commits an assault upon the person of a school employee with a stun gun or taser, and who knows or reasonably should know that the person is a school employee engaged in the performance of his or her duties, when the school employee is engaged in the performance of his or her duties, shall be punished…”

To be found guilty under PC 245.5, the prosecution must prove that:

1. You willfully and unlawfully touched a school employee in a harmful or offensive manner;
2. When you acted, the school employee was performing their duties as a school employee;

AND

3. When you acted, you knew or reasonably should have known, that the person unlawfully touched was a school employee.

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. Making contact with another person, including through his or her clothing, is enough to commit a battery. The slightest touching can be enough if it is done in a rude or angry way. Your touching does not need to cause pain or injury of any kind.

A school employee is 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, student-teacher, or school board member. An assault is an unlawful attempt to commit a battery crime with the present ability to do so. The school employee must be acting under their duties as a school employee, so for example, you could not hit a former teacher at a bar, and be charged under this section.

Penalties

The penalties under this section depend on what section you are charged with.

1. PC 245.5(a) A deadly weapon (not a firearm) likely to cause GBI: This is a wobbler offense, meaning you can be charged under this section as a misdemeanor or a felony. Whether you are charged with this section as a misdemeanor or a felony, depends on the specific facts of your case, your criminal history, and the amount of injury caused. If you are convicted under this section as a felony, you can be sentenced to upwards of three, four, or five years in a State Prison. You would be required to serve at least 50% of that time in custody. If you are convicted of this section as a misdemeanor, you could be sentenced up to one year in County Jail. You would be required to serve at least 50% of that time in custody.
2. PC 245.5(b) A firearm: This is a wobbler offense, meaning you can be charged under this section as a misdemeanor or a felony. Whether you are charged with this section as a misdemeanor or a felony, depends on the specific facts of your case, your criminal history, and the amount of injury caused. If you are convicted under this section as a felony, you can be sentenced to upwards of four, six, or eight years in a State Prison. You would be required to serve at least 50% of that time in custody. If you are convicted of this section as a misdemeanor, you could be sentenced up to one year in County Jail. You would be required to serve at least 50% of that time in custody.
3. P 245.5(c) A Stun gun or taser: This is a wobbler offense, meaning you can be charged under this section as a misdemeanor or a felony. Whether you are charged with this section as a misdemeanor or a felony, depends on the specific facts of your case, your criminal history, and the amount of injury caused. If you are convicted under this section as a felony, you can be sentenced to upwards of two, three, or four years in a State Prison. You would be required to serve at least 50% of that time in custody. If you are convicted of this section as a misdemeanor, you could be sentenced up to one year in County Jail. You would be required to serve at least 50% of that time in custody.

If you are convicted under (1) or (2) as felonies, they are considered Strikes under California’s Three Strike Laws. The (3) option above, may possibly become a strike as well. If these are misdemeanor offenses, they are not strike offenses. These are also not Sex Registration Offenses under PC 290. If you are convicted of this charge as a felony, you could face a potential loss of your temporary Immigration status or loss of your Professional License.

Common Defenses

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

A common defense to this charge would be that the person you assaulted was not a school employee acting under their duties as a school employee. For example, getting into a disagreement with a school employee during a night out on the town, would not be sufficient for this criminal charge. This would not preclude you from being charged under a different Assault charge, just not one involving a school employee. Failing to show that the person assaulted was a school employee or acting under their duties, or even if you reasonably believe that the person is someone else, possibly another student, then there’d be insufficient evidence to find you guilty of this crime.

Police can also violate your rights in a pending criminal case that can lead to a possible dismissal or reduction in charges. Police must have probable cause to detain or arrest you for committing a crime. If you were stopped or arrested for violating PC 245.5, and there was no probable cause for your arrest, then any evidence obtained following the illegal arrest could get excluded from the case. This exclusion could result in the dismissal or reduction to lesser charges.

Call Today

School employees, recognized for their crucial role in educating various age groups, are afforded substantial legal protections. Consequently, facing charges like assault under PC 245.5 can have particularly devastating consequences for individuals in this profession. A conviction can severely impact not only your career but also your personal freedom and overall future.

In such critical circumstances, securing the right legal representation is paramount. Our Ontario PC 245.5 attorney at Inland Empire Defense specializes in handling assault-related offenses, including those falling under PC 245.5. With a depth of experience in these specific types of cases, we provide a robust defense strategy tailored to the unique aspects of each case.

We understand the gravity of these charges and the significant impact they can have on the lives of school employees and other professionals. Our approach is both comprehensive and empathetic, ensuring that your rights are protected and your side of the story is effectively represented.

If you are facing charges under PC 245.5, don’t hesitate to seek professional legal assistance. Contact your local Rancho Cucamonga Criminal Defense Attorney at Inland Empire Defense. Call us at 909-939-7126 for expert legal guidance and support. Our office, conveniently located in Ontario, is prepared to assist you in navigating this challenging legal landscape.