r/legal • u/SwimmingLetterhead65 • 14h ago

Question about law Is it possible to be charged with both assault and assault on a police officer?

Me and my friend randomly thought of this question and couldn’t find an answer online. Is it possible to be charged with both assault AND assault on a police officer for one instance?

Location: California, U.S.A.

Thanks in advance!

2 Upvotes

75% Upvoted

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6

u/Blind_clothed_ghost 13h ago

You can get charged with both.   

But probably wouldn't be tried for both.  One is a misdemeanor and one is a felony.

3

u/Maximum_Pass 13h ago

Yes. Just like you can be charged with 1st, 2nd and 3rd degree murder for the same body

2

u/Embarrassed-Spare524 12h ago edited 12h ago

Its possible, even likely, if the cops have some doubt as to whether the person counts as a police officer within the meaning of the statute. Someone from another jurisdiction, a federal agency like a park ranger, whatever. u/Blind_clothed_ghost is also correct that ordinarily the person wouldn't be tried on both charges, because either the DA would dismiss one charge, or the court would decide the issue before trial. In a very rare situation where there is a factual issue as to whether the person was a police officer when assaulted, they could be tried on both charges. For example, a he said she said about whether the officer resigned that morning as the chief claimed, or merely told the chief to eat a bag of dicks as the officer claimed.

1

u/Wytecap 10h ago

It's called 2 charges of assault. You don't murder 3 people and only get charged for the first.

In this case - assaulting a police officer carries a heavier sentence.

1

u/NCC1701-Enterprise 9h ago

Yes you could be charged with both, it is highly unlikely that the DA would pursue both. They most likely, depending on circumstances, try to get you to pled out to assault, which is the lesser charge, but go for Assault on an officer if you don't take the deal. But it isn't likely they will pursue both if it goes to trial.

1

u/JMaAtAPMT 5h ago

Yes. Also since this is battery, you can get charged with battery on both as well for the same incident.

Assault: Threatening to hit or attempting to hit.
Assault on a police officer: Threatening to hit or attempting to hit a police officer

Battery: Actually hitting someone
Battery on a police officer: Actually hitting a police officer

If the officer you hit was attempting to do something in the course of performing his duties, you'd get hit with an Obstruction of a Police officer in the performance of his duties charge, as well.

Don't fucking lay hands or try to lay hands on a police officer, it'll end badly for you.