Patrol officers investigated an aggravated assault involving a firearm, according to the Tustin Police Department.
Although the suspect fled during the initial report, officers tracked the suspect vehicle and took the suspect into custody less than 3 hours later.
A 9mm handgun was recovered under the suspect’s driver seat.
The suspect was booked into jail for aggravated assault involving a firearm and resisting a peace officer.
In California, the penalties for aggravated assault involving a firearm and resisting a peace officer are quite severe:
Aggravated Assault Involving a Firearm
Under Penal Code 245(a)(2) PC, assault with a firearm can be charged as either a misdemeanor or a felony, depending on the circumstances. The penalties include:
- Misdemeanor: Up to 1 year in county jail.
- Felony: 2, 3, or 4 years in state prison2. If the assault involves a machine gun, assault weapon, .50 BMG rifle, or semiautomatic firearm, it is always charged as a felony with a state prison sentence ranging from 3 to 12 years.
Resisting a Peace Officer
Under Penal Code 148(a)(1) PC, willfully resisting, delaying, or obstructing a peace officer or EMT performing their duties is a misdemeanor. The penalties include:
- Imprisonment: Up to 1 year in county jail.
- Fines: Up to $1,000.
