How is assault on a police officer treated differently when immigration is involved?
Violation of certain crimes can have strongly negative effects on those who have immigrated. These effects could be:
However, in the case of violations of PC 241, the above consequences will not result.
What are the implications of owning a firearm?
Though convictions of certain crimes in the state of California will result in a loss of gun ownership, this does not automatically apply to violations of assaulting a police officer. However, any misdemeanor involving a firearm as well as any felony will result in a loss of gun ownership rights.
Are charges of assault on a police officer eligible for expungement?
Expungement is a way in which an individual can be relieved of some of the consequences of having committed a crime.
According to California's 1203.4 PC:
"(a) In any case in which a defendant has fulfilled the conditions of probation for the entire period of probation, or has been discharged prior to the termination of the period of probation, or in any other case in which a court, in its discretion and the interests of justice, determines that a defendant should be granted the relief available under this section, the defendant shall, at any time after the termination of the period of probation, if he or she is not then serving a sentence for any offense, on probation for any offense, or charged with the commission of any offense, be permitted by the court to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and, in either case, the court shall thereupon dismiss the accusations or information against the defendant and except as noted below, he or she shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted, except as provided in Section 13555 of the Vehicle Code.”
Expungement does apply to individuals who have been charged with assaulting a police officer given that he/she has finished his/her jail time or probation.
The Clean Slate Act
Starting on August 1, 2022, records of convictions under Penal Code sections 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.42 are going to be sealed under the Clean Slate Act (AB 1076)
This article went over the laws regarding immigration, expungement, and gun rights in regards to violations of assaulting police officers. If you have any further questions, or if you or someone you know is being convicted of charges of assaulting a police officer, please contact us to speak with one of our California criminal defense attorneys.