Assault on a School Employee, California Penal Code Section 245.5(a)

Assault on a school employee, California Penal Code section 245.5(a), whether charged as a felony or misdemeanor, is a serious accusation that can have wide-ranging consequences, including custody time and collateral consequences. This is not something that anyone would want to have on their record, and it is absolutely critical to hire the best attorney possible to mount the strongest defense.

California Penal Code section 245.5(a), assault on a school employee, is a wobbler, which can be charged as a felony or misdemeanor. To be found guilty of assault on a school employee, the prosecution must prove beyond a reasonable doubt that:

1. The defendant committed an assault with a deadly weapon, firearm, or stun gun, by means of force likely to produce great bodily injury.
2. The victim was a school employee.
3. At the time of the assault, the school employee was engaged in the performance of his or her duties.
4. The defendant knew or reasonably should have known that the victim was a school employee.

California Penal Code Section 245.5 goes on to state that “This subsection shall not be construed to preclude or in any way limit the applicability of Section 245 in any criminal prosecution.” Meaning, a defendant charged with assault on a school employee, pursuant to California Penal Code section 245.5(a), can still be charged with other assaultive or other crimes, as found in California Penal Code section 245.

California Penal Code section 245.5(d) defines a “school employee” as “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.” California Penal Code section 245.5(d) goes on to state that “‘School employee,’ as used in this section, also includes a student teacher or a school board member. ‘School,’ as used in this section has the same meaning as that term is defined in Section 626.”

Assault on a school employee, California Penal Code section 245.5(a) is a wobbler, meaning it can be charged as a felony or misdemeanor. If charged as a felony, assault on a school employee, California Penal Code section 245.5(a), is punishable by a term of imprisonment of 3 years (low term), 4 years (mid term), or 5 years (high term). However, if charged as a misdemeanor, assault on a school employee, California Penal Code section 245.5(a) is punishable “by imprisonment in a county jail for a term not exceeding one year….”

An allegation of assault on a school employee or any other assaultive crime is serious and could result in serious penalties and other consequences. If you or a family member has been charged with or is being investigated for assault on a school employee or any other assaultive crime in Los Angeles, Orange County, Riverside County, San Bernardino County, or Ventura County, it is imperative that you hire the best attorney that you can. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles Criminal Defense Attorney Michael Kraut knows how to effectively defend clients who have been accused of felony and misdemeanor level assault offenses.

For more information about all types of violent crimes, including assault and battery, and to schedule your free consultation, contact attorney Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at (888) 334-6344 or (323) 464-6453.