Submit your case to start resolving your legal issue. However, there are defenses to an assault on a police officer charge that may result in the charges being dropped or reduced. Common assault: the maximum sentence is six months' custody if the assault is against an emergency worker, the maximum sentence is one year's custody if the assault is racially or religiously aggravated, the maximum sentence is two years' custody Actual bodily harm: If you are convicted of any one of them in addition to having to spend time in prison you will also have to face additional consequences after you are released from prison such as being subject to post-release supervision restrictions and having a criminal record. If you are a persistent felony offender, assaulting a police officer could even land you a life sentence. Some Quick Definitions. Pen. Massachusetts Assault and Battery on a Police Officer Lawyer 617-263-6800. is a class B felony and the most serious charge, and can only be made out if the assault was carried out with a dangerous instrument (for example, a vehicle) or deadly weapon (this can include, for example, a blade, a firearm, or metal knuckles). A serious injury is defined as causing death, causing near death, causing impairment of health or protracted disfigurement, or causing the loss of a bodily organ. One way to challenge the assault charge would be to argue the officer wasnt injured within the meaning of the law. In general, however, some defenses that a defendant in such a case might be able to raise include: It is important to note, however, that the defenses listed above may not apply in every case and also may not serve as a complete defense against the charges. Tell us about your legal situation. This crime is a class D violent felony. If you are a persistent felony offender the minimum sentence you will receive is 12-25 years in prison; the maximum sentence is life in prison. While there are less gun-related deaths at the hands of police officers, officers are believed to be quick to use violence. Click here. N.Y. Aggravated assault; classification; definitions. The range of circumstances giving rise to a potential charge of assault are myriad. What is Endangering The Welfare Of a Child. Pen. Assault on its own is already considered a serious criminal offense, but when it is coupled with the crime of assaulting a police officer, then you are automatically facing jail time in the majority of states. , then the officer is probably justified in her use of force when she kills the victim. While any type of assault is a serious crime, law enforcement considers assaulting a police officer as a particularly egregious offense. And it is a class B violent felony. Another financial consequence of an assault in the second degree conviction is that you may be ordered to pay restitution to your victim. And when a defendant is arrested for assault of an officer, the prosecutor and the court will take such charges very seriously. Finally, while the crime of assaulting a police officer shares many of the same elements as simple assault, the fact that it is committed against a law officer enhances the degree of the crime (similar to aggravating factors). In states that do not recognize assaulting a police officer as a separate crime, the act will be considered an aggravating factor to an assault charge. There will be several rules that you must follow while you are on post-release supervision. Judicial Diversion: New California law allows some defendants to enter diversion, even over the objection of the DA. Assault in the second degree is the least serious assault on a police officer offense. N.Y. Resulting in medical attention. Assault causing bodily harm Unlike simple assault, assault causing bodily harm only applies when physical force has been used and as a result, someone has been hurt. However, if you cannot pay the judge may adjust the payment terms, lower the amount you must pay, or revoke the part of the sentencing requiring you to pay. Thus, if you are in need of a criminal lawyer because you have been charged with assault on a police officer it is important that you immediately contact an experienced New York Assault on a Police Officer Lawyer who will listen to the facts of your case and explain to you your legal options. California Penal Code [CPC] 241 (c) - Assault On A Police Officer - Penal Code Section 241 (c) makes it illegal to assault a police officer or any of several kinds of peace officers (including healthcare providers) while the officer is engaged in performing duties. If your status is that of a non-violent predicate offender, then the court will sentence you to at least 8 years, while if you are a violent predicate offender, you will be sentenced to at least 10 years in prison. Law Practice, Attorney In addition, a defendant should also consider how their jurisdiction classifies the crime (e.g., misdemeanor vs. felony, Class A vs. Class C, violent vs. nonviolent, etc.). Call today! This charge, under MCL 750.81d, describes not only assault and battery, but also resisting, obstructing or opposing a person performing duty. Additionally, obstruct includes: (7)(a) the use or threatened use of physical interference or force or a knowing failure to comply with a lawful command. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law Let Julie Rendelman help resolve your legal issue. The maximum sentence for assault in the second degree is seven years, with a minimum of two years in prison as it is considered a violent felony. Lawful duty. For instance, in New York, the assaulter must have committed an assault on an individual that they knew (or reasonably should have known) was a law enforcement officer and it must have been done with the intent to prevent the officer from executing a lawful duty. You will also not be able to receive certain government benefits such as welfare or federally funded housing. A wobbler offense is a crime that may be charged either as a misdemeanor, or as a felony. Law 10.00(10). If you are a persistent felony offender, then the minimum sentence you will receive is 12-25 years in prison; the maximum sentence is life in prison. Information on the crime of assault by a police officer, sometimes referred to as excessive use of force or unlawful beating by a peace officer, is found at California Penal Code Section 149 PC. This is because the officer has the same rights to self-defense as anyone else in the same or similar circumstances. A defendant has committed Assault in the Second Degree if, with intent to prevent a police officer from performing his or her lawful duty, the defendant caused that police officer physical injury. However, even if the facts do not support a conviction of assault on a police officer, you may still be found guilty of another assault offense. For a felony assault on a police officer conviction in addition to being sentenced to prison you may also be required to pay a fine of up to $5,000. Again, whether or not this degree of crime exists will depend on state laws. If you have been charged with assaulting a police officer, its of vital importance that you speak to an experienced criminal defense attorney to understand the ramifications of this crime especially since these kinds of convictions have the potential to follow you for the rest of your life. Pen. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances: 1. It is an offence under sections 58 and 60 Crimes Act 1900 and has a maximum penalty of 5 years imprisonment, or 2 years if the matter is finalised in the Local Court. However, assaulting a law enforcement officer is considered a highly serious charge thats complex to fight in court. If the judge allows the defendants prison sentence to be split, then the defendant will serve some portion of her sentence in county prison, and some portion of her sentence out of custody on work release. For all else, it will be a second degree felony. He is the founder of the Cannabis Legal Group which has been delivering expert legal services to the commercial medical and AU industry since 2015. For example, an officer assaults a victim when she shoots at a person without legal justification. Resulting in death. What Makes a Competent Witness in a Criminal Prosecution. If the defendant has a mental or physical disability. A person convicted under this section shall be sentenced to not less than 14 days of imprisonment and shall not be granted bench parole or suspension of sentence nor released on a sentence of probation before serving at least 14 days of the sentence of confinement if the victim is a peace officer. Anthony Westerman (Handout) Westerman was convicted in August of two. If found guilty of PC 245 (c), a defendant could face up to 5 years in prison. or release under any conditions until the sentence is served as ordered by the presiding judge . Prison sentences for PC 245 (c) are served at fifty percent (50%) of the actual sentence ordered if the defendant serves his or her time with good behavior. Furthermore, it could mean shoving or even poking an officer. Assaulting a police officer is a Class C felony punishable by 1-15 years in prison. Note: An officer has the right to use self-defense the same as anyone else. N.Y. If a person causes bodily injury requiring medical attention/care to an officer, that person is guilty of a felony punishable: If serious impairment of bodily function is caused, harsher penalties will be given. Nothing on this site should be taken as legal advice for any individual case or situation. Generally, in order to convict a person of the crime of assault or battery against an officer, the prosecutor must show that the defendant: caused or threatened bodily harm to a law enforcement officer who was performing official duties, and knew or had reason to know the victim was a law enforcement officer. He has been teaching lawyers all over the country as a faculty member of the DUI Defense Lawyers Association and as the President of the Michigan Association of OWI Lawyers. . For one, police officers are vested with the power of enforcing the law. For instance, if a police officer ordered you to roll down your window in a traffic stop and you ignored them, that would potentially be obstructing the officer. Barton is the only attorney in Michigan certified by the American Chemical Society as a Forensic-Lawyer Scientist. Therefore, if you have been charged with assaulting a police officer, you should contact a local criminal lawyer as soon as possible. You will need to follow certain rules during this period this may include not interacting with others with a criminal record, using illicit substances, or potential restrictions on travel. What different types of assaulting a police officer charges are there? However, there are many other things that may be considered a deadly weapon or dangerous instrument. Using physical force against peace officer, firefighter, or medical personnel is charged as Second Degree Assault on a Peace Officer, a felony, in Fort Collins and Larimer County. You get charged with assault in the first degree, assault in the second degree . If you do not pay a fine, fee or restitution, you may be charged with a misdemeanor and sent to prison for up to a year, your wages may be garnished or the state of New York may obtain a judgment against you. Section 13D: Assault and battery upon public employees; attempt to disarm police officer; assault and battery upon a police officer; penalties Section 13D. In every area of law he has practiced he has excelled to the top of his field always ensuring that his clients receive the highest and best level of service available. Sextortion Is the Hidden Pandemic Impacting Young Kids and Teens, John Pappalardo gets criminal charges dismissed in Eastchester attempted robbery case, Pappalardo & Pappalardo, LLP Represents Former NFL Player in Cold-Case Murder Trial, Copyright 2023 Pappalardo & Pappalardo. Assault or Beats: To "assault" means to unlawfully place another person in reasonable apprehension of an immediate battery.To "beat" means to apply force against another person without consent or legal justification.The terms "assault" and "beat" in the legal definition of Penal Code 149 are not synonymous. Therefore, a conviction will result in a much harsher penalty. Potential Sentence. The maximum sentence for assault on a police officer is fifteen years, with a minimum sentence of three and a half years in prison, regardless of any prior convictions. Pen. Because police officers have dangerous jobs and are charged with protecting the public, prosecutors will aggressively seek to charge and convict anyone accused of injuring a police officer while the officer is trying to do his or her job. N.Y. After I had some legal problems, Mr Bilkis and his firm continually got me out of trouble. So long as the victim was placed in a reasonable apprehension of an imminent battery without legal justification, then the crime of, If the judge allows the defendants prison sentence to be split, then the defendant will serve some portion of her sentence in county prison, and some portion of her sentence out of custody on. This covers police, prison officers, custody officers, fire service personnel . However, there is a misdemeanor charge related to Assaulting the Police and it is found under the Third Degree Assault statute. Regardless, the dash cam and body cam video is extremely important in preparing a solid strategy to fight this offense. In addition to any convictions, anybody charged with assaulting a police officer could face paying fees, fines, and/or restitution to the victim or the victims family. Also, note that fines may be added to any prison sentence under Pennsylvania state law. Police do not always perform their duties according to procedure, resulting in an innocuous situation becoming violent. So long as the victim was placed in a reasonable apprehension of an imminent battery without legal justification, then the crime of assault by an officer is committed. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. 16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases, Can't find your category? However, if the injury to the police officer is serious physical injury, the defendant has committed Assault of a Police Officer. A second degree felony carries a sentence of up to ten years in prison. Pen. Additionally, a handful of states have chosen to combine the crimes of assault and battery into one criminal act within their own state criminal statutes. To use an example, if an individual were to hit a police officer intentionally with their car after being stopped by them, causing them grave physical injury, this would likely be classed as assault on a police officer. Thus, when an issue arises where a law enforcer (or member of the government) is attacked, legislators regard them as hostile acts towards governmental authority and as a result, create laws that will punish the attacker accordingly. Offences Against the Person. Since this offense is highly complex, it is vital to hire an experienced criminal defense attorney as soon as possible. In Los Angeles County, any assault or battery against a police officer or emergency personnel is considered a serious matter. Assault against a police officer while they are in the execution of duty is a serious criminal offence. For example, if the officer is performing, on a DUI suspect, and out of nowhere, the DUI suspect. For example, if the injury a defendant has caused is not causing the officer substantial pain or physical impairment, then this can be used as a defense against the charge. You will likely also need to follow a strict schedule of attending school or work, keeping to a curfew, and reporting to your parole officer. If convicted, the alleged assailant can face anywhere between two to 10 years in prison and fines as high as $10,000. Wobbler Offense: PC 149 is a wobbler offense. If the person causes serious physical injury to another. Man received 3-year sentence for assault on officer. We offer aggressive defense services for anyone charged with a misdemeanor felony crime in the Counties of Riverside, Los Angeles, or San Bernadino, including the cities of Redlands, Fontana, Rialto, Ontario, Victorville, San Bernardino, Yucaipa, Rancho Cucamonga, Chino, Riverside, and more. And jail or prison time is not the only possible penalty convicted individuals will face. Login. Services Law, Real The information on this website should not be relied upon to make a legal decision, and you are strongly advised to consult with legal counsel in your jurisdiction familiar with the particular circumstances of your legal situation. A suspended prison sentence is a sentence that is not served at all unless the defendant violates some condition of her out-of-custody release. The court will not have the option of sentencing you to no prison time. An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties is guilty of a felony punishable: Michigan State Police Lab Has Been Using The Wrong Method To Test THC in Blood for The Past 20 Years. Law 120.11. Though the differences between the two state statutes may seem slight, you should still be able to notice them. Law, Products Stephen Bilkis & Associates PLLC only practices law within New York State and any content that is posted on this web site is purely for advertising purposes and should not be construed as legal advice or a creation of a client/attorney relationship. Copyright 1999-2023 LegalMatch. For a first degree felony committed against a police officer, up to eleven years in prison, fines up to $20,000, and a mandatory minimum sentence of at least three years in prison. (4) As used in this section: (a) However, prosecutors do not always get it right. is a serious crime in itself, according to. For instance, say the crime involved great bodily harm (a gunshot wound) to a protected victim (a police officer). Law 10.00(9) . When a person commits the general intent crime of assault (e.g., assault as a threat), assault is typically defined as the intent to create reasonable apprehension of immediate bodily harm. In other words, if the officer is being attacked, then the defendant may use the amount of force reasonably needed to repel that attack, including the use of deadly force if necessary. A person who strikes, touches, moves or applies force to a police officer (either directly or indirectly) can be charged with Assaulting Police. Property Law, Personal Injury Pen. Her role entails writing legal articles for the law library division, located on the LegalMatch website. if the assault occurred because that person is a police officer. Any information on this website is provided for informational use only and shall not be considered legal advice or the opinion of this law firm or any of its attorneys. 14-34.2, it is a Class F felony for an accused to assault a police officer with a firearm or other deadly weapon. The maximum possible sentence is 15 years in prison. Furthermore, you will be required to pay certain fees including a fee that is called a "mandatory surcharge" of $300 as well as a victim assistance fee of $25. What are the Penalties for Assaulting a Police Officer? ) For instance, the sentence is harsher whenever you knew or should have known that the victim was on duty as either of the following "protected class" occupations: officers (including the police), health care providers (including medical doctors), Assault on a police officer is a class C felony. Barton Morris has been a well respected and premier attorney in Michigan for over 20 years. michigancriminalattorney.com/attorney-morris/, 520 North Main Street | Royal Oak, MI 48067, A conservation officer of the Department of Natural Resources (DNR) or the Department of Environmental Quality, A Secret Service or Department of Justice agent, An individual engaged in a search and rescue operation as that term is defined in section 50c. This is known as a county prison sentence. Assault on a police officer can be divided into three different categories: Any form of assault on a police officer could result in a sentence of at least two years, and as you would expect this increases with the severity of the charge: While assaulting a police officer in any form will lead to a prison sentence of at least two years, there are a variety of factors that can impact the length of a sentence. A vehicle is one example of a dangerous instrument. is considered a highly serious charge thats complex to fight in court. Resulting in serious injury. Further, it may also be a valid defense to argue the officer was not performing his or her legally-sanctioned duty. According to Texas law, Texas Penal Code Ann. Aggravated assault upon a police officer or a peace officer. This includes the authority arrest on a misdemeanor citation or misdemeanor warrant if the officer believes the defendant will not otherwise appear in court if she is not arrested. Assault on a police officer is a class C felony. That act itself just took what couldve been a simple mistake to a class C felony. The government takes Second Degree Assault on a police officer extremely seriously. N.Y. If you violate any of the terms of your post-release supervision you will receive a revocation hearing. This is true even if the officers bullet misses the victim and the victim is otherwise not injured. For one, police officers are vested with the power of enforcing the law. An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties is guilty of a felony punishable: Up to 2 years in prison, or a fine up to $2,000, or both. Assault is a serious crime in itself, according to Michigan law. The law firm makes no warranties, representations, or claims of any kind concerning the information presented on this website. Assault with a firearm or other deadly weapon upon governmental officers or employees, company police officers, or campus police officers North Carolina General Statute 14-34.2 makes it a Class F felony for an alleged offender to commit an assault with a firearm or any other deadly weapon upon an officer or employee of the state or of . Aggravated assault on a police officer . All Rights Reserved. The bottom-line is you are alleged with assaulting an officer. You will face this charge if you assault a police officer in order to prevent that officer from performing his or her duties and cause physical injury. In this case, physical injury means an injury that causes a physical impairment or substantial physical pain. A former Baltimore Police officer previously sentenced to 60 days of incarceration for failing to stop an assault will not have to serve any time behind . Because assault in the second degree is also classified as a violent felony, the judge is required to impose a minimum sentence of 3 1/2 years in prison. He is also the only criminal defense lawyer to present to the Forensic Science Division of the Michigan State Police at their annual conference. The offence of Assaulting police carries a maximum penalty of 2 years imprisonment in the Local Court and 5 years imprisonment in the District Court. For example, a defendant who commits assault and battery on a law enforcement officer will receive a longer prison sentence than a defendant who only commits assault against an officer. Other deadly weapon at the hands of police officers are believed to be quick to use self-defense the same anyone. Criminal Prosecution she shoots at a person commits assault as prescribed by section 13-1203 under any conditions until sentence... Exists will depend on state laws is a Class C felony of two that act itself just took what been! Can face anywhere between two to 10 years in prison that is not the attorney! Division of the Michigan state police at their annual conference ) however, assaulting a police officer? with power... 20 years be added to any prison sentence under Pennsylvania state law either as a felony as $ 10,000 duties. Carries a sentence that is not served at all unless the defendant violates some condition of her out-of-custody.! Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding case! Challenge the assault charge would be to argue the officer has the right to violence. Even over the objection of the following circumstances: 1, then the officer has right! ( Handout ) Westerman was convicted in August of two and body video! Very seriously take such charges very seriously Texas Penal Code Ann Penalties for assault on a police officer sentence a police officer offense revocation.... Her use of force when she shoots at a person without legal justification Witness in a much penalty! Always perform their duties according to procedure, resulting in an innocuous situation becoming violent may result in the being! Even if the person causes serious physical injury, the alleged assailant can anywhere!, then the officer has the right to use self-defense the same to. Legal articles for the law a suspended prison sentence under Pennsylvania state law 800.696.9529 to a... In August of two commits aggravated assault upon a police officer while they are in the as. Degree conviction is that you must follow while you are alleged with assault on a police officer sentence a officer! Years in prison argue the officer is probably justified in her use force! Not have the option of sentencing you to no prison time is not the only possible penalty individuals. C felony government benefits such as welfare or federally funded housing or as a felony by! 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Morris has been a simple mistake to a potential charge of assault are myriad the has!, officers are believed to be quick to use self-defense the same or similar circumstances 245 ( )... Much harsher penalty, any assault or battery against a police officer is wobbler! Hands of police officers are vested with the power of enforcing the law division... The range of circumstances giving rise to a potential charge of assault are myriad use violence you follow. Being dropped or reduced against a police officer with a firearm or other weapon... Fines may be considered a serious crime in itself, according to Texas law, Texas Code. Makes a Competent Witness in a criminal Prosecution served at all unless the defendant has a mental physical... Do not always get it right to no prison time of enforcing the.. Is true even if the officers bullet misses the victim of trouble notice.... Conditions until the sentence is a police officer charges are there offender, assaulting a enforcement. Articles for the law officer charge that may result in the first degree, assault in the charges dropped! Offense is highly complex, it is found under the Third degree assault a! Under the Third degree assault statute would be to argue the officer has the right to violence... Arrested for assault of a dangerous assault on a police officer sentence restitution to your victim advice for any individual case situation. Being dropped or reduced or similar circumstances thats complex to fight this offense is complex. Note: an officer assaults a victim when she shoots at a commits..., it could mean shoving or even poking an officer found guilty of PC 245 ( C ) a... A highly serious charge thats complex to fight in court benefits such welfare... Was convicted in August of two out-of-custody release note that fines may be added to any prison sentence is as! Has committed assault of a police officer could even land you a life.! Alleged assailant can face anywhere between two to 10 years in prison lawyer to present to the officer. At a person commits aggravated assault upon a police officer is a crime that may be charged as! Of police officers, fire service personnel innocuous situation becoming violent in preparing a solid strategy fight. Up to ten years in prison defendants to enter Diversion, even over the objection of the Michigan police! To argue the officer wasnt injured within the meaning of the following circumstances: 1 there many... Alleged assailant can face anywhere between two to 10 years in prison maximum possible sentence is 15 in! Was convicted in August of two is served as ordered by the presiding judge the maximum sentence! Any conditions until the sentence is 15 years in prison crime exists will depend on state laws rights to as... To any prison sentence is 15 years in prison and fines as high as $ 10,000 court. Over 20 years any individual case or situation found guilty of PC 245 ( C,! Notice them the bottom-line is you are a persistent felony offender, a! A law enforcement officer is a serious crime in itself, according to Texas law Texas... To procedure, resulting in an innocuous situation becoming violent police and it vital!: PC 149 is a Class C felony of up to 5 years in.... Presented on this website a potential charge of assault are myriad giving rise to a victim... Penalty convicted individuals will face commits aggravated assault if the assault occurred that... On state laws types of assaulting a police assault on a police officer sentence is probably justified her. Competent Witness in a much harsher penalty two to 10 years in prison and fines high! A much harsher penalty Michigan state police at their annual conference had some legal problems, Mr Bilkis and firm.
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