What is the test for an assault upon a peace officer?

California, United States of America


The following excerpt is from People v. Salcedo, B235416 (Cal. App. 2012):

requires a showing of a "'general intent to willfully commit an act the direct and natural and probable consequences of which if successfully completed would be the injury to another.'" (People v. Wyatt (2010) 48 Cal.4th 776, 780.) In addition, as the instruction (CALJIC No. 9.20) given provides, an assault upon a peace officer requires a showing that, among other things, in addition to the general intent to commit the crime, that the person who committed the assault knew or reasonably should have known that the other person was a peace officer engaged in the performance of his duties and that person knew or reasonably should have known that the peace officer was engaged in the performance of duties.

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