brother hit cop in the face twice...how long will he be in for?

Question

the story i got from my brothers 5 min phone call from riverside county jail in CA is he was stopped by a police officer because he has long hair and looks to be the hippie type, the officer was trying to search him even though my bro did not consent and the cop was giving him attitude and the cop tried to detain him and my brother snapped and punched the cop in the face twice giving him a black eye and his partner shot him with the tazer subduing him. my brother didnt have any drugs or weapons on him so that isnt an issue. he is currently being held on assault/battery on a peace officer charges. he is planning to plead guilty and im wondering how long he is going to be in for. i realize it was a stupid, if not retarded thing to do but he is my brother and i want to support him in his time of need. can anyone tell me what his likely sentence will be? are we talking double digits?

also i want answers from someone who actually has some sort of law experince, not people guessing thx.

he is 18 years old and this incident affirms my suspicions that he is in fact mentally retarded. he has no priors but the cop must have really done somthing to piss him off because my brother has only been in 1 fight in his life. im guessing he didnt want to tell me what the cop did exactally over the phone but i know it must be somthing bad.

thank you eric i would give you a thumbs up if i could. im surprised its just a misdemeanor...i didnt even ask him that i just figured it was a felony. that makes me have a little more hope that i will see my brother soon.

Answer 1

(Pen. Code, § 245, subd. (c))1 and
resisting arrest by force or violence (§ 69)

He will probably be charged with two counts, felony assault on a police officer and resisting arrest, plus anything else they can throw in there so something will stick.

If he has no priors, you might be surprised and he'll get less than a year with a suspended sentence and community service. He's lucky he didn't have a weapon, then it would be 5 years easy.

Answer 2

How old are you? This would be helpful because I would want to know how many more years do you need to put up with this? If you are close to being 18, I would say get your stuff together and move. you can always tell someone you trust in school, but from personal experience this is not always the best thing to do, because the system takes so long, and I would'nt want them to start an investigation and ask question, which might make Dad attack you again. Is there a neighbor you can stay with? The system is NOT a good place for kids to be in. so if they take you away and put you into social services, you have to be prepared for that also. For now, stay in your room, do the right thing, and try to stay out of their way, until there is a better solution.

Answer 3

PLEASE PEOPLE. He did not want your un-educated, un-substantiated guesses at how long he will get. 10 years? WTF!?! Where did you come up with that?

Be glad that your brother was able to call you that soon. It can sometimes be days and days before one is able to speak after assaulting an officer ; )

He could get anything from probation to a year in County as its just a misdemeanor. Its not 245PC (ADW) unless he used something or kicked the cop when he was unable to defend himself.

The crime is 243 (b) of the California Penal Code:
When battery is committed against the person of a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding one year, or by both the fine and imprisonment.

Answer 4

A police officer will stop you for cause only if someone reported them to the police as suspicious. Therefore he most likely was someplace he should not have been, if you hang out in areas where drugs are prevelant that can be suspicious in itself.
Since he wasn't drunk or on drugs when he hit the guy he really has no excuse, you might tell him to consult an attorney. Depending on what else is on his record, if he has a history of assault on others, he could get a short or long sentence, if it his first offense he might get probation and community service and have to take a course on anger managment. Its' going to depend on judge.

Answer 5

Sounds like 10 years, he could be out in 8. I say this because he blacked his eyes. If he just pushed him there would not be any long sentence. Sorry your brother is in a lot of trouble, and wish I could predict no jail.

Make sure he has a lawyer, or public defender and has a good plea agreement before pleading guilty.

Answer 6

cops don't have to have consent to search a car these days for one... and two I doubt your borther with get double digits, maybe a few years if anything that major at all, if it is his frst offense at assault he may just get some community service and probation... he's smart for pleading guilty

Answer 7

Talk to a lawyer, it may go to 5 years if it's an assault, double-digit if they say he tried to kill the cop.

Answer 8

i would tell him to talk to a lawyer because sounds like the cops were profiling him just because he looks like someone who would do drugs. he could probably get off the hook with a good lawyer. i mean OJ got away with murder.

Answer 9

if he has a clean record, i'd say ohh about 90 days and anger management classes.

......... but i'd have been pizzed off too!

Answer 10

sounds like the worst part is your brother is sentenced to a life as a loser and dumber than a sack of hammers,