Close

Former Senior LA Prosecutor.
Harvard Law School Educated.
Now Providing an Aggressive Defense For You.

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.

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

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.”

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

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.


Criminal Law Information Center
Client Reviews
★★★★★
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
★★★★★
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
★★★★★
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
★★★★★
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
★★★★★
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.
Contact Us