What is the penalty under section 69 of the California Civil Code of Civil Procedure for assaulting a police officer?

California, United States of America


The following excerpt is from People v. Scholten, 2d Crim. No. B284334 (Cal. App. 2019):

Section 69 punishes "[e]very person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon the officer by law, or who knowingly resists, by the use of force or violence, the officer, in the performance of his or her duty." The force used includes "resisting an officer's attempt to restrain and arrest the defendant." (People v. Bernal (2013) 222 Cal.App.4th 512, 519 [section 69 not limited to force or violence directed toward the person of the executive officer].) Section 69 "plainly covers" the situation "where an officer's attempt to lawfully restrain

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defendant was hampered by defendant's quite forceful attempt to escape that restraint." (Bernal, at p. 514.)

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