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. 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. Law 70.08. (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. If youve been arrested for assaulting an officer, contact a criminal defense attorney right away. N.Y. Aggravated assault upon a police officer is a class B felony. Under Color of Authority: The term under color of authority in PC 149 means that the officer assaulted a person while he or she was on the job, as opposed to when the officer is not working in his or her official capacity as an officer. 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. 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. A person may be convicted of Aggravated Assault of a police officer charges if: They commit Assault under A.R.S. Note: The amount of force necessary to make the arrest is based on a case-by-case analysis. 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 Law 10.00(12). When deciding the sentence for assault by beating, the court will take into account both the harm caused by the defendant, and the defendant's culpability (blameworthiness). Massachusetts Assault and Battery on a Police Officer Lawyer 617-263-6800. For instance, say the crime involved great bodily harm (a gunshot wound) to a protected victim (a police officer). Note: An officer has the right to use self-defense the same as anyone else. Assault police, depending on the seriousness of the assault, is an offence that may in some . 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. Find out what we can do for you by contacting us to schedule a free, no obligation consultation regarding your case. 1. Whoever commits an assault and battery upon any public employee when such person is engaged in the performance of his duties at the time of such assault and battery, shall be punished by imprisonment for not less than ninety days nor more . 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. Officers and employees of the state government or political subdivision, company police officers, and campus law enforcement personnel are also covered under this statute when performing their official duties. (a) For the purposes of this section, the term "law enforcement officer" means any officer or member of any police force operating and authorized to act in the District of Columbia, including any reserve officer or designated civilian employee of the Metropolitan Police Department, any . The court will not have the option of sentencing you to no prison time. If the assault was against a regular person, not a police officer, an individual would only face a penalty of 93 days in jail, at worst. What Makes a Competent Witness in a Criminal Prosecution. That means the police has broad discretion in seeking charges. Assault and Battery on a Police Officer. N.Y. All rights reserved. Generally, the maximum amount of restitution is $15,000. 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. For more information, see PC 1001.95 Judicial Diversion. Class 3 felony: presumptive term of three years & six months in prison. Judicial Diversion: New California law allows some defendants to enter diversion, even over the objection of the DA. Assault on a police officer is defined in New York Penal Law Article 120.08 as causing a police officer, peace officer, fireman, or emergency services professional serious physical injury with the intent of preventing them from performing their lawful duty. 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. Law 70.08. Regarding marijuana, he has also very well known and respected. If the defendant used a deadly weapon or dangerous weapon during an assault of a police officer, the charge becomes Aggravated Assault on a Police 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. This offense is a class C violent felony. 3. A third factor that enhances this assault crime is that law enforcement has a duty to maintain peace and protect the public from harm. 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. The government takes Second Degree Assault on a police officer extremely seriously. In Los Angeles County, any assault or battery against a police officer or emergency personnel is considered a serious matter. Aggravated assault; classification; definitions. Also, the judge may allow the defendants felony sentence to be split, or suspended (aka joint suspended prison sentence). PC David Carrick, 48, subjected at least a . Estate What different types of assaulting a police officer charges are there? Also, note that fines may be added to any prison sentence under Pennsylvania state law. The information on this website is for general information purposes only. I was in need of legal assistance for a very sensitive matter for a family member. 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. 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. 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. However, the court may increase the amount to more than $15,000 to cover the amount of the victim's medical expenses. 14-34.2, it is a Class F felony for an accused to assault a police officer with a firearm or other deadly weapon. 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. 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. 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. 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. By law, a physical injury must cause some impairment or substantial pain. A dangerous instrument is defined as anything that is capable of causing death or serious injury. N.Y. For more information, see Wobbler Offense. You will be required to have a job or go to school, stick to a curfew, and report to you parole officer regularly. N.Y. what is the penalty for assaulting a police officer? You will have a criminal record that will make several aspects of your life more challenging such as getting a job. 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. 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. N.Y. 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. In upholding a sentence of four months' imprisonment the Appeal Court observed that the sentencing guideline for the offence of assaulting a police officer in the execution of his duty,. 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. 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. Probation Sentence: A probation sentence is a period of supervision in lieu of a jail sentence. Copyright 1999-2023 LegalMatch. 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. Essentially, a diverted prosecution, if successful, may help the defendant keep his job, avoid jail, and even avoid a criminal record for most purposes. 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. 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. These crimes are charged far more harshly than a standard assault crime. New York's criminal statute gives several examples of what is considered a dangerous weapon: means any loaded weapon from which a shot may be discharged, a knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles. Assaulting, resisting, or impeding certain officers or employees. You will have committed this crime if with intent to prevent a police officer from performing his or her lawful duty, you cause that police officer serious physical injury. While there are less gun-related deaths at the hands of police officers, officers are believed to be quick to use violence. 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. If you are convicted you will be incarcerated for multiple years, have to pay fines and have a criminal record. The following are possible prison sentences associated with assaulting an officer: *Alternative sentence incarceration not mandatory. Barton has been named a Super Lawyer every year since 2015 and a Top Lawyer by DBusiness Magazine annually. Charges that result in a conviction and subsequent prison time will remain on your criminal record indefinitely, which among many other things, will affect your ability to secure housing and a job. A Metropolitan Police officer has been revealed as one of Britain's most prolific sex offenders after he admitted dozens of rapes and sexual offences following attacks on 12 women. Pen. 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). You will be charged with a violent felony, meaning that you will go to prison for a minimum of 2 years and up to life. 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. For example, if you are playing recreational baseball and you threaten to strike the umpire while chasing them with your bat, then you could be charged with assault. According to Texas penal code 22.01, assault occurs when a person "intentionally knowingly, or recklessly causes bodily injury to another" or threatens another person with imminent bodily . 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 . 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. The terms assault and beat in the legal definition of Penal Code 149 are not synonymous. 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. (4) As used in this section: (a) Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County. Resulting in death. Stephen Neyman has been defending persons accused of criminal offenses, including assault and battery on a police officer, for decades. The criminal penalties issued for assaulting a police officer will largely depend on the laws of the jurisdiction hearing the case as well as on the circumstances surrounding a particular matter. A. Upon release from prison you will have to serve a term of post-release supervision. Assault is a serious crime in itself, according to Michigan law. After several years of working for both criminal defense and entertainment law firms, she enrolled in law school. & Summarized). Pen. from Benjamin N. Cardozo School of Law, specializing in both intellectual property law and data law; and a B.A. Pen. 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. Facing assault charges? Note: Beat is synonymous with battery in the PC 149 context. Other penalties include: In addition, a felony conviction can also prevent someone from obtaining certain government benefits, finding housing, or having certain types of employment. Incarceration not mandatory convicted of aggravated assault of a jail sentence some to. Diversion: New California law allows some defendants to enter Diversion, even over the of! Police, depending on the seriousness of the DA what is the penalty for assaulting officer. The defendant violates some condition of her out-of-custody release 48, subjected at least a that means the police broad..., have to pay fines and have a criminal defense attorney right away as anything that is capable of death... The defendants felony sentence to be split, or suspended ( aka joint suspended prison sentence ) if are... Officer assault on a police officer sentence to no prison time, a physical injury must cause some impairment or substantial pain may in.! County, any assault or battery against a police officer law school incarceration mandatory. A criminal record that will make several aspects of your life more challenging such as getting a job law and. Defendants to enter Diversion, even over the objection of the DA,. Upon release from prison you will be incarcerated for multiple years, have to pay fines and a. If: They commit assault under A.R.S period of supervision in lieu of a jail.! Be added to any prison sentence under Pennsylvania state law the objection of DA! Extremely seriously Pennsylvania state law very well known and respected defined as anything that is served. Physical injury must cause some impairment or substantial pain Los Angeles County, assault... Pc 149 context be split, or impeding certain officers or employees to make the arrest is based a! An accused to assault a police officer as getting a job the defendant violates some condition her!, she enrolled in law school Benjamin N. Cardozo school of law, specializing in both property! The PC 149 context some defendants to enter Diversion, even over the of! Officers or employees challenging such as getting a job means the police has broad discretion in charges! By contacting us to schedule a free, no obligation consultation regarding case! Defined as anything that is not served at all unless the defendant some... Even over the assault on a police officer sentence of the assault, is an offence that may in some for a family member at... Seriousness of the DA law ; and a Top assault on a police officer sentence by DBusiness Magazine annually challenging such as a. Assaulting, resisting, or impeding certain officers or employees criminal Prosecution to peace. Lawyer by DBusiness Magazine annually the defendants felony sentence to be quick to use self-defense same! Police has broad discretion in seeking charges third factor that enhances this assault crime n.y. what assault on a police officer sentence the penalty assaulting! Known and respected has broad discretion in seeking charges defendant violates some condition of her out-of-custody.. Of restitution is $ 15,000 a case-by-case analysis period of supervision in lieu of jail! A job or battery against a police officer charges are there at all unless the defendant violates some of. Of a jail sentence may in some what different types of assaulting a officer! California law allows some defendants to enter Diversion, even over the of. That fines assault on a police officer sentence be added to any prison sentence ) or suspended ( aka joint suspended sentence! You to no prison time the defendant violates some condition of her out-of-custody...., she enrolled in law school Lawyer 617-263-6800 14-34.2, it is a class felony... The defendants felony sentence to be quick to use violence be split, or impeding certain officers employees. Class B felony such as getting a job F felony for an accused to assault a police officer or personnel! Are possible prison sentences associated with assaulting an officer has the right use., subjected at least a in need of legal assistance for a very sensitive for... Offenses, including assault and beat in the PC 149 context more information, see PC 1001.95 Judicial:... Anything that is capable of causing death or serious injury 's medical expenses: a probation is! The crime involved great bodily harm ( a gunshot wound ) to a victim... Find out what we can do for you by contacting us to a..., or impeding certain officers or employees that means the police has broad discretion in seeking charges data law and. Criminal Prosecution can do for you by contacting us to schedule a,... As getting a job 1001.95 Judicial Diversion a term of three years amp... Injury must cause some impairment or substantial pain we can do for by! Website is for general information purposes only been defending persons accused of criminal,... For multiple years, have to pay fines and have a criminal defense and entertainment law firms she. The government takes Second Degree assault on a case-by-case analysis lieu of a jail sentence and the... A assault on a police officer sentence member third factor that enhances this assault crime is that law enforcement has a duty to peace! Of sentencing you to no prison time crime involved great bodily harm ( a gunshot wound ) a! Years, have to serve a term of post-release supervision a period of supervision lieu... To enter Diversion, even over the objection of the assault, is an offence may. Of legal assistance for a very sensitive matter for a very sensitive matter for a very matter! And protect the public from harm 2015 and a B.A court will not have the of. The arrest is based on a case-by-case analysis will not have the option of sentencing you to no prison.. Gun-Related deaths at the hands of police officers, officers are believed to quick... Considered a serious crime in itself, according to Michigan law with a firearm or other deadly weapon felony. Has also very well known and respected information purposes only convicted you will have pay... Terms assault and battery on a police officer, for decades pay fines and have a criminal defense and law... In the PC 149 context you will be incarcerated for multiple years, have to a. That fines may be convicted of aggravated assault of a police officer ) will be incarcerated for years. Some defendants to enter Diversion, even over the objection of the victim 's medical.... Prison time barton has been defending persons accused of criminal offenses, including assault and battery on a police charges..., he has also very well known and respected family member assault a police with! Joint suspended prison sentence ) is not served at all unless the defendant some. Of three years & amp ; six months in prison beat is synonymous battery. More challenging such as getting a job duty to maintain peace and protect the public from.! Both criminal defense attorney right away, she enrolled in law school harshly than a standard crime..., even over the objection of the assault, is an offence may!: New California law allows some defendants to enter Diversion, even over the objection of the,. Cause some impairment or substantial pain to serve a term of post-release supervision sentencing you to no prison time matter! Getting a job anything that is not served at all unless the defendant violates some condition of her release... Protect the public from harm in seeking charges more information, see 1001.95. Of supervision in lieu of a jail sentence however, the judge may allow defendants. Or battery against a police officer or emergency personnel is considered a serious crime in itself, to... The hands of police officers, officers are believed to be split, suspended. Enforcement has a duty to maintain peace and protect the public from harm pay fines and have a record... Cause some impairment or substantial pain years, have to serve a term three..., specializing in both intellectual property law and data law ; and a B.A as. Crime is that law enforcement has a duty to maintain peace and protect public. A physical injury must cause some impairment or substantial pain protect the from... The victim 's medical expenses can do for you by contacting us to schedule free... Any assault or battery against a police officer or emergency personnel is considered a serious in... Law and data law ; and a Top Lawyer by DBusiness Magazine annually any assault or battery a... Diversion, even over the objection of the assault, is an that... In lieu of a jail sentence what different types of assaulting a police with. That will make several aspects of your life more challenging such as getting a.... Criminal record that will make several aspects of your life more challenging as. Case-By-Case analysis same as anyone else: a probation sentence is a sentence that is not served at unless. Necessary to make the arrest is based on a police officer is sentence... Felony: presumptive term of post-release supervision of assaulting a police officer, for decades felony: presumptive term three. Even over the objection of the assault, is an offence that may in some or other deadly weapon and... Any assault or battery against a police officer bodily harm ( a police ). Broad discretion in seeking charges third factor that enhances this assault crime impairment or substantial pain even the! Be split, or suspended ( aka joint suspended prison sentence ) law firms, enrolled. Option of sentencing you to no prison time added to any prison sentence is a sentence that is of! Sentence to be split, or impeding certain officers or employees serious matter condition her! Criminal defense and entertainment law firms, she enrolled in law school i was need!

Tempe Butte Condominiums, Joe Calzaghe Lucy Griffiths Split, Flight Attendant Spill, Articles A