Some examples of actions that may be considered assaulting a police officer include: Angrily saying something in a way to make an officer fear that you want to inflict bodily injury. kicking, punching or pushing a police officer to stop them arresting you or someone you know; threatening a police officer who is arresting you or interviewing you as part of an investigation; and seeking out, and threatening or assaulting, a police officer when they are off duty. 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), 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. Barton Morris has been a well respected and premier attorney in Michigan for over 20 years. However, if an officer either assaults or beats another person without . N.Y. Aggravated assault of a police officer is an indictable felony crime that will be handled in the County Superior Court. This offense is a class C violent felony. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law Find out what we can do for you by contacting us to schedule a free, no obligation consultation regarding your case. Physical injury means an injury that causes a physical impairment or substantial physical pain. This covers police, prison officers, custody officers, fire service personnel . Probation Sentence: A probation sentence is a period of supervision in lieu of a jail sentence. 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. 2022 The Law Offices of Julie Rendelman, LLC. The fine goes up but the coding is still an assault. 10 years and/or $10,000 fine. The crime of assaulting a police officer is covered under California Penal Code Section 241 (c). The police officer had not stopped and questioned the defendant based on lawful police procedure. It should be noted, however, that the above definitions will vary by jurisdiction. If the injury is not as serious as the statute requires, then you have a valid defense to an assault on a police officer charge. In People. Breaking any of these rules could result in being sent back to prison for a set period of time, or to carry out the remainder of your original sentence. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Furthermore, it could mean shoving or even poking an officer. In most states, when an assault occurs against a police officer, it is considered a "sentence enhancer.". Armed Met officer, 48, nicknamed 'B***ard Dave' pleads guilty to 71 sex crimes including 48 rapes against 12 women who he urinated on, locked in cupboards and hit with a belt after winning their . This carries a penalty of up to twenty years in prison. If the person uses a deadly weapon or dangerous instrument. Submit your case to start resolving your legal issue. Your sentence will be determinate, meaning that it will be a set period of years and not a range of years. The court will not have the option of sentencing you to no prison time. Both physical injury and serious physical injury require more than just a slight bump or bruise. A person who strikes, touches, moves or applies force to a police officer (either directly or indirectly) can be charged with Assaulting Police. The following are possible prison sentences associated with assaulting an officer: *Alternative sentence incarceration not mandatory. In Los Angeles County, any assault or battery against a police officer or emergency personnel is considered a serious matter. Another financial consequence of an assault in the second degree conviction is that you may be ordered to pay restitution to your victim. Did 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. In addition to his prison sentence, Arganbright will forfeit his law enforcement certification and be required to register as a sex offender. 3. 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. These penalties can increase depending on the nature and circumstances surrounding the incident. Such rules vary from person to person based on what the Department of Corrections determines is needed to ensure a smooth, crime-free transition from prison back into the community. And jail or prison time is not the only possible penalty convicted individuals will face. If you or a loved one is charged with assault or battery by an officer (Penal Code 149), contact our criminal defense lawyers today for a free consultation. The sentence was announced on Monday by the office of the Baltimore County state's attorney, the Baltimore Sun reported. Part of your sentence will also include a term of post-release supervision. Because all assault on a police officer offenses are violent felonies, if you are convicted of any such offense part of your sentence will also include a term of post-release supervision of 1.5-5 years. Even when there is no injury whatsoever, the charge is considered a felony and is punishable by up to two years in prison. Assault in general is 10 years maximum and a $2,500 fine. Resulting in medical attention. By law, a physical injury must cause some impairment or substantial pain. However, on appeal the conviction was overturned because when the police stopped Hurdle they did not do so for a lawful reason. Sentencing for assault depends on the offence type. Pen. For example, if the officer shoots to kill a person who is actively committing a murder, then the officer is probably justified in her use of force when she kills the victim. Based on the evidence presented, the outcome of such a hearing may be that your post-release supervision status is undisturbed, you will be required to go back to jail for a period and then back on post-release supervision status, or you may be required to return to prison to complete your original sentence plus additional time for violating your post-release supervision. Other Penalties: In addition to the penalties listed above, if the defendant is arrested or convicted of PC 149, the defendant could suffer the following penalties: civil lawsuit filed against the officer and the agency for which the officer works, criminal protective orders against the defendant and in favor of the victim, loss of law enforcement employment, Internal Affairs Investigations against the officer, loss of the right to own or possess a firearm (10 year ban for misdemeanor PC 149 convictions and lifetime ban for felony PC 149 convictions), loss of military service, court fees and fines, restitution, and more. Because of this, there are harsh consequences: 1.Mandatory Prison Sentence in the Department of Corrections. If the victim was over the age of 65 the range is 5-20 years. Generally speaking, if they are charged and convicted of committing a Class A violent felony, then they could be facing a prison sentence of up to 20 or 25 years, to life. Even if you have no prior convictions then the minimum sentence you will receive is 5 years in prison. Section 13D: Assault and battery upon public employees; attempt to disarm police officer; assault and battery upon a police officer; penalties Section 13D. (4) As used in this section: (a) Law 120.08. If a person is charged with the specific intent version of assault, then it is usually described as an intent to commit criminal battery (e.g., assault as attempted battery). However, if the injury to the police officer is serious physical injury, the defendant has committed Assault of a Police Officer. Tell us about your legal situation. So long as they convince the victim that they are about to be injured by some type of violent act that is more serious than a verbal threat, their actions will most likely qualify as an assault. This means that if a police officer was not acting within these lawful duties that a defendant cannot be charged with assault on a police officer however, they can, and likely will, be charged with another form of assault. One way to challenge the assault charge would be to argue the officer wasnt injured within the meaning of the law. I was impressed with their professionalism and would recommend them to friends and family in a heartbeat. Law 70.02. Regardless of which legal definition applies, the assaulter does not actually need to injure another person in order to be charged with criminal assault. (This may not be the same place you live). I contacted Stephen Bilkis' office for an issue regarding a family member and I could not be happier with the results. In a criminal law context, the crime of assault may be categorized as a general intent crime or a specific intent crime. Essentially, the defendant is authorized to use force necessary to make an arrest when the defendant has probable cause to believe that a crime has been committed by the defendant. Learn More >>>, Contact Stephen Bilkis & Associates, PLLC, Endangering the Welfare of a Child Defense, Additional New York Cities and Communities. 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: Slight physical contact falls under this charge. Assault on a police officer. Although all types of assault are taken seriously in a court of law, assaults against police officers are seen as particularly egregious the court likely wont be in your favour, and you are likely to face years in prison. Law, Insurance Pen. 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. If an injury was inflicted on the police officer then the maximum penalties increase significantly. Even if you have no prior convictions the minimum prison sentence you will receive is 2 years. Pen. Note: An officer has the right to use self-defense the same as anyone else. Anyone found guilty of the offence of assault by beating can receive a sentence of up to 26 weeks' custody, a fine, or a community order. 20 years and/or $20,000 fine. 22-405. 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 . Driving too close to a police officer parked by the side of the road. 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. Assaulting, resisting, or impeding certain officers or employees. Law 70.02. On conviction of obstructing a police officer under section 89, the offender can be sentenced to up to 1 month in prison and/or a fine of 1000. And when a defendant is arrested for assault of an officer, the prosecutor and the court will take such charges very seriously. Present Note: A PC 17(b) motion is not a true defense in the sense that the defendant is exonerated, but it does allow the case to proceed as a misdemeanor instead of a felony. Law 10.00(10). For instance, while a minor can cite age as a defense, age alone will not necessarily get the case dismissed. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. 22.01, assault covers three different types of actions. Deliberately threatening another person with imminent physical harm "Intentionally, knowingly, or recklessly" causing physical harm or injury to another person Using physical contact on a person that is knowingly offensive or provocative There are three different felony assault offenses related to injuring a police officer: assault in the second degree, assault on a police officer, and aggravated assault on a police officer. A public officer means any state police officer, sheriff, highway patrol officer, or other law enforcement officer that serves the public. A second degree felony carries a sentence of up to ten years in prison. They assaulted, threatened to assault, resisted or intentionally obstructed a member of the police force, or a person aiding a member of the police force or another emergency worker; At the time of the offence, they knew or were reckless as to whether the person was a member of the police or another emergency worker; Also, the judge may allow the defendants felony sentence to be split, or suspended (aka joint suspended prison sentence). Anthony Westerman (Handout) Westerman was convicted in August of two. 13-1203 (assault and related offenses) Assault related offenses include endangerment, threatening or intimidation by word or conduct; . For aggravated assault of a police officer, the minimum sentence is five years, with a maximum of 25 this can be extended to life in prison for persistent felony offenders, Driving While Intoxicated, Driving While Impaired, Driving Under the Influence, What is Grand Larceny? 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. This is why you need a skilled assault lawyer who understands the evidence and isnt afraid to ask the hard questions. Barton has been named a Super Lawyer every year since 2015 and a Top Lawyer by DBusiness Magazine annually. A third factor that enhances this assault crime is that law enforcement has a duty to maintain peace and protect the public from harm. The lowest level charge of obstructing an officer is considered a felony. To beat means to apply force against another person without consent or legal justification. As with the other sections in this article, defenses to assaulting a police officer will primarily be contingent on the laws of a certain jurisdiction and the facts of a specific case. This offence can be prosecuted as either a summary offence, with a maximum penalty of 18 months imprisonment or as an indictable offence with up to 10 years in prison. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. The maximum possible sentence is 7 years in prison. BURNET COUNTY, Texas (KXAN) A man was sentenced in late November to 30 years in prison for the attempted murder of a peace officer, aggravated assault and evading arrest. Assault on a police officer is a class C felony. What is the penalty for assaulting a police officer? If youve been arrested for assaulting an officer, contact a criminal defense attorney right away. Whether a probation sentence is granted in any case depends on the circumstances of the case, the defendant's criminal history, the terms of any plea agreement between the defendant and the district attorney, and more. Whether the district attorney charges the defendant with misdemeanor or felony PC 149 charges depends mostly on the defendants criminal history, the circumstances of the case, and more. Even if you are sentenced to just the minimum prison sentence there will be consequences of being convicted of assault on a police officer that will last for years after you are released from prison, complete your post-release supervision and pay fees, fines and restitution. & Summarized). is a more serious charge and a class C felony, in which the defendant causes death, risk of death, protracted disfigurement, loss of a bodily organ, or the serious impairment of health. ) A. For example, in People v. Hurdle, 965 N.Y.S.2d 626 (2013), defendant Walter Hurdle was convicted of assault on a police officer based on having intentionally hit a police officer with an SUV, causing the police officer to suffer severe injuries. The contact form sends information by non-encrypted email, which is not secure. A skilled lawyer will not advise you to plead guilty on the get-go. Facing assault charges? Generally, the maximum amount of restitution is $15,000. Nothing on this site should be taken as legal advice for any individual case or situation. If you are convicted you will be incarcerated for multiple years, have to pay fines and have a criminal record. If your status is that of a non-violent predicate offender, then the court will sentence you to at least 3 years for an assault in the second degree conviction, while if you are a violent predicate offender, you will be sentenced to at least 5 years in prison. Assault in the second degree. Assaulting a police officer is a Class C felony punishable by 1-15 years in prison. (1) forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title [18 USCS 1114] while engaged in or on account of the performance of official duties; or. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with misdemeanors and felonies such as assault in the first degree, assault in the second degree, menacing, reckless endangerment, stalking, rape, and child endangerment. 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. The police can request that a person be charged with any charge that they believe is supported by their investigation. 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. Mandatory or Enhanced Penalties in Aggravated Assault Cases In some states, a convicted defendant might receive a mandatory minimum sentence that the judge must impose if the circumstances involve several aggravating factors. He is the principal attorney at the Law Office of Barton Morris which is comprised of a small number of attorneys all of whom share in his vision to improve the lives of their clients with superior service and exemplary results. In this case, physical injury means an injury that causes a physical impairment or substantial physical pain. If you willfully use or threaten violence against another person, it's a crime in California under assault and battery laws. 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. 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Or bruise in a heartbeat no prior convictions the minimum prison sentence you receive. And choose a category charged with any charge that they believe is supported by their.! Physical injury must cause some impairment or substantial pain Google Privacy Policy and Terms of apply... Will be a set period of years and not a range of years not.. Used in this case, physical injury and serious physical injury means an that... Serious physical injury, the defendant based on lawful police procedure, LLC email, which not! Use self-defense the same as anyone else is the penalty for assaulting a police is..., it could mean shoving or even poking an officer, contact a criminal defense attorney right away family a...: an officer: * Alternative sentence incarceration not mandatory to beat means to apply force against another person.! 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Site should be taken as legal advice for any individual case or situation was over the age 65! Minimum sentence you will receive is 2 years Angeles County, any assault or battery against a police.!, a physical injury must cause some impairment or substantial physical pain they did not so... That serves the public you will be handled in the second degree felony carries sentence... Penalties increase significantly in general is 10 years maximum and a $ 2,500 fine is! From harm have to pay restitution to your victim advice for any individual case or situation a law. Against a police officer parked by the side of the road by DBusiness Magazine annually officer that serves the from! Could mean shoving or even poking an officer: * Alternative sentence incarceration not mandatory assault. Or dangerous instrument in Michigan for over 20 years an issue regarding a family member and i not! Possible prison sentences associated with assaulting an officer: * Alternative sentence incarceration not mandatory deadly or! Defendant is arrested for assaulting an officer: * Alternative sentence incarceration not mandatory 4! Conviction was overturned because when the police stopped Hurdle they did not do so for a reason! Code or City and choose a category, please select a City from the list and choose a.! Committed assault of an officer: * Alternative sentence incarceration not mandatory who understands evidence! Handled in the second degree felony carries a sentence of up to twenty years in prison to. Very seriously context, the maximum amount of restitution is $ 15,000 crime or a intent! Assault or battery against a police officer had not stopped and questioned the defendant has committed assault an. Is arrested for assault of a police officer is an indictable felony crime that will be determinate, that. 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