Does section 245, subdivision (c) of the California Civil Code of Civil Procedure apply to a defendant who assaults a police officer?

California, United States of America


The following excerpt is from People v. Avila, B263496 (Cal. App. 2016):

Any person "who commits assault . . . likely to produce great bodily injury upon the person of a peace officer . . . and who knows or reasonably should know that the victim is a peace officer . . . engaged in the performance of his or her duties" violates section 245, subdivision (c). The crime " 'is directed at the force used,' " and does not require that the force " 'actually results in any injury.' " (People v. White (2015) 241 Cal.App.4th 881, 884.) Evidence of injuries actually sustained, however, may support a jury's determination that the force used was likely to produce great bodily injury. (People v. Pullins (1950) 95 Cal.App.2d 902, 904.)

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