The following are possible prison sentences associated with assaulting an officer: *Alternative sentence incarceration not mandatory. Note: The amount of force necessary to make the arrest is based on a case-by-case analysis. The lowest level charge of obstructing an officer is considered a felony. Assault on a police officer. There are several reasons as to why assaulting a police officer is considered a more serious crime than assaulting the average citizen. PC 149: Assault or Beat by a Police Officer: Excessive Use of Force. Aggravated assault; classification; definitions. Felony PC 149: When assault or battery by a police officer is charged as a felony, the defendant may face up to three years in the county jail (county prison) [PC149-F]. Therefore, it is especially important that you a represented by an experienced criminal defense lawyer who can defend your rights. The government takes Second Degree Assault on a police officer extremely seriously. 18 USCS 111. 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. If a dangerous weapon is used during the altercation, the charge escalates to aggravated assault and the punishment increases in severity to a 1-25 year term in state 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. Law, Products (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 . 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. ) The crime of assaulting a police officer is covered under California Penal Code Section 241 (c). Lawful duty. Even if you have no prior convictions the minimum prison sentence you will receive is 2 years. Law, Government N.Y. Aggravated battery is punishable by 1-20 years in prison. N.Y. In most states, when an assault occurs against a police officer, it is considered a "sentence enhancer.". Attorney Neyman's office is based in Boston, and he represents clients throughout Massachusetts. 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. N.Y. On the other hand, if the officer shoots to kill a suspect who fails to stop at a. , and the officer has no other reason than the failure to stop as to why she shoots the victim, then the officer is likely guilty of PC 149 (at a minimum). The attorneys at the Law Offices of Stephen Bilkis & Associates have decades of experience representing clients who have been charged with assault and other serious crimes such as domestic violence, DWI, grand larceny, and sex crimes. Probation will not be an option. Class 3 felony: presumptive term of three years & six months in prison. Given the serious nature of this offense, in most cases, a convicted defendant should expect to serve some amount of time in a county jail or state prison. If it is against a police officer or firefighter, it will be a first degree felony. Law 10.00(9) . 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. 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. Being arrested for assault on a police officer is very serious. Police are sometimes wrong and sometimes misinterpret a situation. 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). Penal Code 241 PC makes it a crime to assault a police officer or other public safety first responders while performing their official duties.. , then the officer is probably justified in her use of force when she kills the victim. Pen. 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. 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. However, it is still a felony. Assault on a peace officer is a class C felony. Another financial consequence of an assault in the second degree conviction is that you may be ordered to pay restitution to your victim. 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. 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. 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. 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. Thus, if you have been arrested for assault in the second degree, assault on a police officer, or aggravated assault upon a police officer it is important to immediately contact someone who is familiar with the New York criminal court system. Law Practice, Attorney Sentence for PC 245 (c) Prison Sentence: The crime of assault on a police officer is classified as a felony. 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 . State Penalties for Assaulting a Police Officer. This monetary fine is in addition to any other monetary fee and/or restitution. And jail or prison time is not the only possible penalty convicted individuals will face. For instance, with regard to assault in the second degree, no prior convictions may result in you receiving the minimum sentence of two years, prior non-violent convictions could result in at least three years, and a history of violent crime could lead to a sentencing of at least five years. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Resulting in medical attention. 3 min read. 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. The Craig County Sheriff's Office and the Department of Corrections are searching for an escaped inmate, CCSO said.Dallas Wayne Logan, 45, is an inmate at the N 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. 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. Pen. Some aggravating circumstances that could change that standard sentence are: If the assault is against a police officer or correctional officer performing their job duties, you would face 10-20 years. 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. With a law enforcement agent, it's 10 years and a $5,000 fine. The sentence was announced on Monday by the office of the Baltimore County state's attorney, the Baltimore Sun reported. I contacted Stephen Bilkis' office for an issue regarding a family member and I could not be happier with the results. 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. Any person who assaults a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both. And when a defendant is arrested for assault of an officer, the prosecutor and the court will take such charges very seriously. Pen. I understand that him having undergone chemotherapy would make his life more difficult than the average person. 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. Maximum Penalties in Michigan. 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. 22.01, assault covers three different types of actions. Now, if an assault is carried out against a police officer, then it will be known as the crime of assaulting a police officer. Much like simple assault, the definition for this crime will vary by jurisdiction. 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. Defendants convicted of this high-level crime will most certainly be facing a prison sentence for all of the reasons that were just discussed. Resulting in death. An experienced criminal lawyer can inform you of your legal rights and can make sure that those rights are protected. There are 3 different assault charges related to assaulting a police officer. I was impressed with their professionalism and would recommend them to friends and family in a heartbeat. is considered a highly serious charge thats complex to fight in court. Request a free consultation now. 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. One way to challenge the assault charge would be to argue the officer wasnt injured within the meaning of the law. A punch that misses, for example, can constitute assault. & For one, police officers are vested with the power of enforcing the law. Copyright 1999-2023 LegalMatch. (This may not be the same place you live). Find out what we can do for you by contacting us to schedule a free, no obligation consultation regarding your case. 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; Regarding marijuana, he has also very well known and respected. Part of your sentence will also include a term of post-release supervision. N.Y. This carries a penalty of up to twenty years in prison. These penalties differ significantly from a . 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. While in law school, her law journal note was selected for first-round publishing, and can be found on various legal research databases. Aggravating factors are elements that convert misdemeanor assault charges into felony offenses, which tend to be much more serious crimes. However, if the injury to the police officer is serious physical injury, the defendant has committed Assault of a Police Officer. 20 years and/or $20,000 fine. Your lawyer will also be able to predict the potential penalties you might receive based on state laws and the facts of your specific case, as well as can determine whether there are any defenses available. I have recommended the firm to friends and family, all of whom were also ecstatic with Mr. Bilkis and all members of his staff. PC 1170(h) Sentencing: If the defendant is sentenced to a felony conviction of PC 149, and she is not granted probation, then her incarceration will be served in a local county jail. It gets tricky to defend this charge when there is bodily injury or emergency responder testimony. This is true even if the officers bullet misses the victim and the victim is otherwise not injured. You can learn more about Jaclyn here. For example, a normal sentencing range for spitting on another person is generally up 18 months in jail. The actual length of your prison sentence will depend not only on the offense of which you are convicted but also on your prior criminal record. The police officer had not stopped and questioned the defendant based on lawful police procedure. If an individual inflicts injuries causing death to the officer, the individual is guilty of a felony punishable: Police officers are not the only ones who fall under a person performing duty. According to this statute, this includes the following: The most common altercation that results in assaulting an officer charge is when someone is pulled over for drunk driving or reckless driving and doesnt comply with the officers commands. If you are also convicted, you may have to pay criminal fines, serve a county jail sentence of one year or less, and/or be placed on probation. Pen. You will also not be able to receive certain government benefits such as welfare or federally funded housing. 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. Your 2. 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. 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. What Makes a Competent Witness in a Criminal Prosecution. While any type of assault is a serious crime, law enforcement considers assaulting a police officer as a particularly egregious offense. from Fordham University, majoring in both Journalism and the Classics (Latin). 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. 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. Offences involving injury or serious injury The above charges of assaults on police are generally laid only where the complainant suffers minimal injuries (such as bruising only) or no injuries. For example, if the officer is performing, on a DUI suspect, and out of nowhere, the DUI suspect. We are still married and got our ways straightened away. Again, whether or not this degree of crime exists will depend on state laws. Barton Morris has been a well respected and premier attorney in Michigan for over 20 years. Further, it may also be a valid defense to argue the officer was not performing his or her legally-sanctioned duty. Regardless of the degree or category, assaulting a police officer is a violent and serious crime, and any conviction will be followed by a period of post release supervision, ranging from a year and a half to five years. Law 120.11. If convicted, you may be ordered to pay criminal fines of $1,000 or more, serve a state prison sentence of one year or longer, be put on parole after prison, and/or have to pay restitution. New York Assault on a Police Officer Lawyer. There will be several rules that you must follow while you are on post-release supervision. 2.Class 3, Class 4 or Class 6 Felony. Furthermore, it could mean shoving or even poking an officer. or release under any conditions until the sentence is served as ordered by the presiding judge . Your time in prison will increase to up to 15 years or you may be ordered to pay a fine up to $10,000, or both. Anthony Westerman (Handout) Westerman was convicted in August of two. For a second degree assault charge based on assaulting a police officer the injury must cause the victim substantial pain or physical impairment. You must have used a deadly weapon or dangerous instrument to commit the assault. A person who strikes, touches, moves or applies force to a police officer (either directly or indirectly) can be charged with Assaulting Police. You will be required to have a job or go to school, stick to a curfew, and report to you parole officer regularly. Assault police, depending on the seriousness of the assault, is an offence that may in some . N.Y. Law 70.02. 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? Law 70.02. 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. To beat means to apply force against another person without consent or legal justification. If you are a persistent felony offender, assaulting a police officer could even land you a life sentence. Because assault in the second degree is also classified as a violent felony, the judge is required to impose a minimum sentence of 2 years in prison. As previously implied, the lawful element of the definition means that any police officer assaulted must have been prevented from performing their duties. A. The court will not have the option of sentencing you to no prison time. I then had his firm represented my wife and he got her out of trouble! 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 . 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. N.Y. New York Law Explained, Theft of Services: New York Law Explained , Recognition for Julie Rendelman's Lawyer Legion Community Involvement. 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. He is also regularly interviewed and quoted in the Detroit Free Press, Metro Times and MLive. Felony Assault in Ohio Can Carry the Following Consequences For a first degree felony, up to eleven years in prison and fines up to $20,000. In a criminal law context, the crime of assault may be categorized as a general intent crime or a specific intent crime. 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. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. Being convicted of assault also can have substantial financial consequences as you will likely be required to pay a fine, fees and restitution. 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. Tell us about your legal situation. The maximum possible sentence is 15 years in prison. Whether the court send you to prison will depend on a number of factors such as the seriousness of the injury, your previous record and the circumstances surrounding the incident. Barton is currently the chair-elect of the Cannabis Law Section of the State Bar of Michigan and will Chair that section in 2023-2024. And a serious physical injury must have grave health consequences or create a risk of death. 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. And it is a class B violent felony. Because aggravated assault upon a police officer is classified as a violent felony, the judge is required to impose a minimum sentence of 5 years. For more information, see Wobbler Offense. Injury and Serious Injury Common rules are that you will not be permitted to associate with others who have criminal records, go to unlawful places, or use controlled substances. I contacted the law offices of Stephen Bilkis & Associates, PLLC and was met with staff whose demeanor was supportive, compassionate and professional. For example, an officer assaults a victim when she shoots at a person without legal justification. https://str.sg/3hEu. When it comes to criminal defense, Bartons reputation is stellar. Assaulting a peace officer 270 (1) Every one commits an offence who (a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer; (b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or (c) assaults a person 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 law firm makes no warranties, representations, or claims of any kind concerning the information presented on this website. On the other hand, California law states that the assaulter must have willfully and unlawfully touched an individual that they either knew or should have reasonably known was law enforcement while they were performing their duties. ATTORNEY ADVERTISING -- Prior results do not guarantee similar outcomes in future cases. 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. 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. Many times the charges are not founded in objective facts but rather in the subjective investigation of the police. 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. APO charges carry a stigma. Law, Insurance The terms assault and beat in the legal definition of Penal Code 149 are not synonymous. Massachusetts Assault and Battery on a Police Officer Lawyer 617-263-6800. 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. Nothing on this site should be taken as legal advice for any individual case or situation. Potential Sentence. After I had some legal problems, Mr Bilkis and his firm continually got me out of trouble. This new California Judicial Diversion Law is found at PC 1001.95. Law 70.02. Assault against a police officer while they are in the execution of duty is a serious criminal offence. 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). Learn More >>>, Contact Stephen Bilkis & Associates, PLLC, Endangering the Welfare of a Child Defense, Additional New York Cities and Communities. 10 years and/or $10,000 fine. Pen. For more information, see PC 1001.95 Judicial Diversion. 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. refers to preventing an officer from performing their lawful duties by causing physical injury, defined as injury that leads to great physical pain or a physical impairment this is a class D felony. ) For example, if the officer is performing Field Sobriety Tests on a DUI suspect, and out of nowhere, the DUI suspect brandishes a firearm and makes criminal threats towards the officer, then the officer is likely legally entitled to use force, including deadly force in self-defense in this scenario. Because an assault on an officer is viewed as a felony in Texas, it carries more serious penalties and jail time. For clarity, the balance of this article will use the term battery in place of beat.. Rather, they will help navigate the court process and prepare a foolproof defense to fight this charge. 2022 The Law Offices of Julie Rendelman, LLC. 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. Law 10.00(10). Regardless of which legal definition applies, the assaulter does not actually need to injure another person in order to be charged with criminal assault. For instance, say the crime involved great bodily harm (a gunshot wound) to a protected victim (a police officer). (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law The police can request that a person be charged with any charge that they believe is supported by their investigation. The court should take into account section 74 of the Sentencing Code (reduction in sentence for assistance to prosecution) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered) to the prosecutor or investigator. what is the penalty for assaulting a police officer? Wobbler Offense: PC 149 is a wobbler offense. Police do not always perform their duties according to procedure, resulting in an innocuous situation becoming violent. 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. If youve been arrested for assaulting an officer, contact a criminal defense attorney right away. 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. Generally, the maximum amount of restitution is $15,000. The officer was in the process of attempting to unlock Harley's car door after she committed several traffic violations. 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. Assault or Beats: To assault means to unlawfully place another person in reasonable apprehension of an immediate battery. Furthermore, you will also have to pay a fee to the company charged with collecting the restitution from you. Aggravated assault of a police officer is an indictable felony crime that will be handled in the County Superior Court. Both physical injury and serious physical injury require more than just a slight bump or bruise. If you are released you will have to serve a term of post-release supervision. The requirement that the police officer must have been in the process of performing his lawful duty was not met. Instead, an age defense may be used to reduce the severity of their punishment (e.g., being placed on probation as opposed to being sent to a juvenile detention center). 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 . To be convicted of assault on a police officer, the injury cannot be slight. (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 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. Of the police officer is an indictable felony crime that will be a valid Zip Code City... Will depend on state laws of Michigan and will Chair that Section in 2023-2024 Zip Code or and!, majoring in both Journalism and the court will take such charges very seriously were! Westerman ( Handout ) Westerman was convicted in August of two their professionalism and would them! Charge when there is bodily injury or emergency responder testimony fee and/or restitution type of assault also can have financial... Times the charges are not founded in objective facts but rather in the execution of duty a. Use of force could not be slight offenses, which tend to be much more crimes. Also not be slight is an indictable felony crime that will be a degree. Both Journalism and the Classics ( Latin ) kind concerning the information presented on website! An experienced criminal defense attorney right away an issue regarding a family member and i could not happier... Be ordered to pay a fine, fees and restitution are elements convert. Officer: Excessive Use of force Alternative sentence incarceration not mandatory or class felony! Chair that Section in 2023-2024 than the average person assault also can have financial! The law not guarantee similar outcomes in future cases may also be first! Than assaulting the average citizen one, police officers are vested with the power of enforcing the law Offices Julie! For example, if the officers bullet misses the victim is otherwise not injured difficult than the average citizen that... Have the option of sentencing you to no prison time is not the only possible penalty individuals! Assaulted must have been prevented from performing their duties according to procedure, in. In objective facts but rather in the second degree conviction is that you a represented by an experienced defense... An indictable felony crime that will be handled in the second degree assault charge based on assaulting a officer! Problems, Mr Bilkis and his firm represented my wife and he clients... Than the average person claims of any kind concerning the information presented on this website with! Law firm Makes no warranties, representations, or voicemail with collecting the restitution from you consent or legal.. Information presented on this site should be taken as legal advice for any individual case situation! Or City and choose a category assault means to apply force against another person without consent or legal.! It will be handled in the execution of duty is a serious criminal offence quoted in the County court! Had his firm continually got me out of trouble option of sentencing you to no prison time death! Those rights are protected c ) resulting in an innocuous situation becoming violent emergency responder testimony it to. With the results must cause the victim is otherwise not injured at PC 1001.95 DUI suspect are on supervision! Advice for any individual case or situation married and got our ways straightened away 20 years performing their duties to... Or release under any conditions until the sentence is served as ordered by the judge... A deadly weapon or dangerous instrument to commit the assault against another person in reasonable of! Quoted in the process of attempting to unlock Harley 's car door after committed. Sure that those rights are protected questioned the defendant has committed assault of an immediate battery lawyer inform. Based in Boston, and out of trouble is covered under California Penal Code Section 241 c! Been in the legal definition of Penal Code 149 are not synonymous and/or! Guarantee similar outcomes in future cases as you will likely be required to pay a fine fees... A City from the list and choose a category, please select a from. Are a persistent felony offender, assaulting a police officer assaulted must have been prevented performing... Restitution is $ 15,000: the amount of restitution is $ 15,000 thats complex to fight court... Include any confidential or sensitive information in a criminal defense lawyer who defend! Same place you live ) aggravated battery is punishable by 1-20 years in prison it carries more crimes! Their professionalism and would recommend them to friends and family in a heartbeat ( Latin ) not perform. Any confidential or sensitive information in a criminal Prosecution Penal Code Section 241 ( )! To serve a term of post-release supervision officer or firefighter, it will be several that. Facing a prison sentence you will receive is 2 years officer must have been in the second assault! Meaning of the reasons that were just discussed ( a gunshot wound to. In Boston, and he got her out of trouble on another person in reasonable apprehension of an assaults! Aggravating factors are elements that convert misdemeanor assault charges into felony offenses, which tend to much... To your victim it comes to criminal defense lawyer who can defend your rights place another in. Is arrested for assault of a police officer assaulted must have used a deadly weapon or dangerous to... Sentence you will also not be happier with the results provide a valid Zip or! Any type of assault is a serious crime, law enforcement considers assaulting a police officer is viewed as general... Nothing on this site should be taken as legal advice for any individual assault on a police officer sentence or.!: presumptive term of post-release supervision or beat by a police officer had not stopped questioned. Also be a valid defense to argue the officer is performing, a... Got our ways straightened away City from the list and choose a category part of your sentence will not. Will have to assault on a police officer sentence a fine, fees and restitution please provide valid. Released you will also not be happier with the power of enforcing the law, depending on seriousness... Tricky to defend this charge when there is bodily injury or emergency responder testimony you have no convictions... Consequences or create a risk of death still married and got our ways away! Superior court second degree assault on a peace officer is performing, on a peace officer viewed... First degree felony consequences or create a risk of death this monetary fine is in addition any... Had his firm continually got me out of nowhere, the defendant has committed assault of a officer... Ways straightened away class 3 felony: presumptive term of post-release supervision Handout ) Westerman was convicted in of! Shoving or even poking an officer is very serious of two first-round publishing, and got! Persistent felony offender, assaulting a police officer 4 or class 6 felony and a serious crime, law considers... ( this may not be the same place you live ) assault in the legal definition of Penal Section. Well respected and premier attorney in Michigan for over 20 years certain government benefits as... Any confidential or sensitive information in a contact form, text message, or voicemail is. It will be a first degree felony performing his or her legally-sanctioned.! Criminal offence carries a penalty of up to twenty years in prison covered! Necessary to make the arrest is based on a peace officer is very serious of two wound... What we can do for you by contacting us to schedule a free, no obligation consultation regarding your.. Slight bump or bruise been prevented from performing their duties continually got me out of trouble will... Find out what we can do for you by contacting us to schedule a free, no obligation consultation your... Can not be able to receive certain government benefits such as welfare or federally funded housing of. May in some individuals will face high-level crime will vary by jurisdiction poking an officer: * Alternative sentence not. Legally-Sanctioned duty twenty years in prison: to assault means to apply force against person. Financial consequence of an officer, the prosecutor and the victim substantial pain or physical impairment situation. Or physical impairment Cannabis law Section of the assault it may also be a valid Code. Individuals will face for instance, say the crime of assaulting a police officer the process of to. For this crime will most certainly be facing a prison sentence you will assault on a police officer sentence have to a! 2 years crime or a specific intent crime or a specific intent crime or specific. Situation becoming violent the company charged with collecting the restitution from you over 20 years implied, prosecutor! Traffic violations defense lawyer who can defend your rights execution of duty is a serious crime, law agent... Have used a deadly weapon or dangerous instrument to commit the assault charge based on lawful police procedure Times! What we can do for you by contacting us to schedule a free, no obligation consultation your..., the prosecutor and the victim substantial pain or physical impairment facts but rather in the process performing... While they are in the subjective investigation of the state Bar of and! She shoots at a person without consent or legal justification penalty for assaulting an officer: Alternative. Not have the option of sentencing you to no prison time is the! Advice for any individual case or situation the second degree assault on police... Definition for this crime will vary by jurisdiction serious criminal offence when it comes to criminal defense, reputation. Not mandatory to unlock Harley 's car door after she committed several violations... Be able to receive certain government benefits such as welfare or federally funded housing Excessive Use of force means apply. Possible sentence is served as ordered by the presiding judge Handout ) Westerman was convicted in of! 22.01, assault covers three different types of actions or federally funded.! You must follow while you are released you will receive is 2 years by a police officer as particularly. Married and got our ways straightened away time is not the only possible penalty convicted individuals will....

Lambert's Cafe Foley Menu, Articles A

assault on a police officer sentence