Fresno Criminal Defense Attorney

Penal Code Section 241. Punishment -- Assault against peace officer or other specified Persons engaged in performance of Duties, or physician or Nurse rendering emergency care.

(a) An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.

(b) When an assault is committed against the person of a parking control officer engaged in the performance of his or her duties, and the person committing the offense knew or reasonably should know that the victim is a parking control officer, the assault is punishable by a fine not exceeding two thousand dollars (2,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.

(c) When an assault is committed against he person of a peace officer, firefighter, emergency medical technician, mobile technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, or a physician engaged in rendering 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, animal control officer, or search and rescue member 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 a county jail not exceeding one year or by both he fine and imprisonment.

(d) As used in this section, the following definitions apply:

(1) Peace officer means any person defined in Chapter 4.5 (commencing with section 830) of Title 3 of part 2.

(2) Emergency medical technician means a person possessing a valid course completion certificate from a program approved by the State Department of health Care services for the medical training and education of ambulance personnel, and who meets the standards of Division 2.5 (commencing with Section 1797) of the health and Safety code.

(3) Mobile intensive care paramedic refers to those persons who meet the standards set forth in Division 2.5 (commencing with Section 1797) of the health and Safety code.

(4) Nurse means a person who meets the standards of Division 2.5 (commencing with Section 1797 of the Health and Safety Code.

(5) Lifeguard means a person who is:

(A) Employed as a lifeguard by the state, a county, or a city and is designated by local ordinance as a public officer who has a duty and responsibility to enforce local ordinances and misdemeanors through the issuance of citations.

(B) Wearing a distinctive clothing which includes written identification of  the person's status as a lifeguard and which clearly identifies the employing organization.

(6) Process Server means any person who meets the standards or is expressly exempt from the standards set forth in Section 22350 of the Business and Professions Code.

(7) Traffic officer means any person employed by a county or city to monitor and enforce state laws and local ordinances relating to parking and the operation of vehicles.

(8) Animal Control Officer means any person employed by a county or city for purposes of enforcing animal control laws or regulations.

(9)(A) Code enforcement officer means any person who is not described in Chapter 4.5 (commencing with section 830) of Title 3 of Part 2 and who is employed by any governmental subdivision, public or quasi-public service corporation, any town, city, county, or municipal corporation, whether incorporated or chartered, that has enforcement authority for health, safety,and welfare requirement, and whose duties include enforcement of any statue, rules, regulations, or standards, and who is authorized to issue citations or file formal complaints.

(B) Code enforcement officer also includes any person who is employed by the Department of Housing and Community Development who has enforcement authority for health, safety, and welfare requirements pursuant to the Employee Housing Act (Part 1(commencing with Section 17000) of division 13 of the Health and Safety Code); the State Housing Law (Part 1.5 ( commencing with Section 17910) of Division 13 of the Health and Safety code); the Manufactured housing Act of 1980 (Part 2 Commencing with Section 18000 of Division 13 of the health and Safety Code); the mobile homes parks act (Part 2.1 commencing with Section 18200) Division 13 of the health ans safety code); and the Special Occupancy Parks Act (part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code.

(10) Parking Control Officer Means any person employed by a city county, or city and county to monitor and enforce state laws and local ordinances relating to parking.

(11) Search and Rescue member means any person who is part of an organized search and rescue team managed by a government agency.

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Fresno DUI Attorney | Madera DUI Attorney If you've been cited, you need to know what to do next. Help your attorney help you, contact me as soon as possible

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Fresno DUI Lawyer Jonathan Rooker: Fresno area law enforcement agencies have some of the strictest DUI enforcement policies in the Nation. The first decision an officer makes during the DUI enforcement is the decision to stop the vehicle. It may be a driving pattern, maintenance infraction, tinted windows, or other issues the lead the officer to make that decision. The next decision is whether to have the driver exit the vehicle and conduct a DUI investigation. Factors include odor or alcohol, red watery eyes, and slurred speech. Timely stopping, parking, and fumbling with a license or insurance paperwork, all influence the officers decision to continue the investigation. Once outside the vehicle the subject may sway or have trouble following directions. At the conclusion of the third stage, the officer decides if there is probable cause for an arrest. If you are arrested, there are steps you should take on your own behalf. It is important for anyone cited for DUI to contact the DMV within 10 days to preserve their right to an Admin Per Se Hearing in front of a DMV officer. Failure to contact the DMV within 10 days may result in the suspension of your driving privilege. Remember, the officer arrests at probable cause, but it takes proof beyond a reasonable doubt to convict. If the officer does their job right, a large percentage of the people should be found not guilty.

Fresno Criminal Defense Attorney: Sometimes good people need help during tough times

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Fresno & Madera Criminal Defense Lawyer Jonathan Rooker: Domestic Violence (DV) charges, punishments, and your rights is something you need to understand if you've been accused. DV charges can result in a sentence of probation, jail, and/or prison. DV can be charged under various sections including PC 243(E) or the more serious PC 273.5 Felony (DV) accusation. Many convictions result in being sentenced to a 52-week program, referred to as the Batterers Treatment Program (BTP). The right to own, possess, or use a Firearms, a serious issue for many people who grew up in the rural valley hunting, fishing, and target shooting can be lost forever. While Judges routinely advise those convicted of misdemeanor Domestic Violence that they will be prohibited from owning firearms for 10-years, the Federal Government will preclude gun ownership for the remainder of the persons life if they are convicted of a misdemeanor crime of domestic violence. It is important that the court knows you are a law abiding, upstanding, and productive member of society. Don't let an accusation turn into a lifetime of being stigmatized as a criminal.

"Criminal defense is about helping good people, that is what I do." Jonathan Rooker

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Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.