assault on a police officer sentence

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. Furthermore, it could mean shoving or even poking an officer. 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. In fact, you will be barred from working in certain professions such as being a teacher or a lawyer. 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. 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. The range of circumstances giving rise to a potential charge of assault are myriad. However, there is a misdemeanor charge related to Assaulting the Police and it is found under the Third Degree Assault statute. 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. And a serious physical injury must have grave health consequences or create a risk of death. 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. 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. 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. Call today! So what is the penalty for assaulting a police officer? Assault on a peace officer is a class C felony. 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 . 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. Law 70.02. 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. Copyright 1999-2023 LegalMatch. However, the court may increase the amount to more than $15,000 to cover the amount of the victim's medical expenses. 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 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. 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. Since this offense is highly complex, it is vital to hire an experienced criminal defense attorney as soon as possible. It is a class D felony. APO charges carry a stigma. A public officer means any state police officer, sheriff, highway patrol officer, or other law enforcement officer that serves the public. Did 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. This is true even if the officers bullet misses the victim and the victim is otherwise not injured. 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. Law, Intellectual 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. Resulting in serious injury. Our experience was so good, and we became so close to all of the staff and all of the attorneys who assisted us, that we consider them our extended family and continue to send them our home baked gifts for the holidays. If you are a persistent felony offender, assaulting a police officer could even land you a life sentence. 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. 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. The maximum possible sentence is 15 years in prison. Assault of a of a police officer, sheriff, deputy sheriff, highway patrolman, corrections personnel, or state peace officer engaged in his or her duties is punishable by 6 months in jail; battery or assault and battery of a member of law enforcement is a felony punishable by a maximum of 5 years in prison 649.1. 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. Potential Sentence. 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. Similarly, if the officers bullet strikes the victim, and the officer was not legally justified in her application of force against the defendant, then the officer is guilty of PC 149. 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. 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. In order to determine the amount of assault on a police officer jail time that the defendant may receive, they should review the laws in their jurisdiction and compare it with the facts of their case. Law 10.00(12). As previously implied, the lawful element of the definition means that any police officer assaulted must have been prevented from performing their duties. 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 . 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. General battery ( not causing great bodily harm) against an officer is charged as a third . 3. State Penalties for Assaulting a Police Officer. It gets tricky to defend this charge when there is bodily injury or emergency responder testimony. This is why you need a skilled assault lawyer who understands the evidence and isnt afraid to ask the hard questions. Anthony Westerman (Handout) Westerman was convicted in August of two. 2. This monetary fine is in addition to any other monetary fee and/or restitution. Services Law, Real Assaulting, resisting, or impeding certain officers or employees. 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. Law, Government A. However, prosecutors do not always get it right. A vehicle is one example of a dangerous instrument. 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. Pen. Assault against a police officer while they are in the execution of duty is a serious criminal offence. 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. 17(b) Motion to Reduce Felony: A PC 17(b) motion to reduce a felony to a misdemeanor is common in cases where the defendant is charged with any wobbler crime, including PC 149 cases. Therefore, if you have been charged with assaulting a police officer, you should contact a local criminal lawyer as soon as possible. N.Y. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In order to be convicted of an assault of a police officer offense, you must have assaulted the officer while that officer was attempting to perform his or her lawful duties. If you are not a citizen of the United States federal law may require that you be deported. And it is a class B violent felony. Class 5 felony: presumptive term of two years in prison. N.Y. He regularly appears as a guest legal commentator on Fox 2, Let it Rip, WXYZ, NPR, and WWJ. 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. Driving too close to a police officer parked by the side of the road. 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. 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. 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? That act itself just took what couldve been a simple mistake to a class C felony. 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. Jaclyn started at LegalMatch in October 2019. If you are convicted you will be incarcerated for multiple years, have to pay fines and have a criminal record. The penalties in Michigan ( MCL 750.479) for resisting, obstructing, assaulting or endangering an officer in the performance of duties are: Resisting and Obstructing. For assault on a police officer or aggravated assault upon a police officer the injury must be serious- presenting a substantial risk of death. A punch that misses, for example, can constitute assault. Because of this, there are harsh consequences: 1.Mandatory Prison Sentence in the Department of Corrections. 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. Pen. 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. If found guilty of this charge, you may be facing imprisonment of up to 2.5 years in the house of correction with fines ranging from $500.00-$5,000.00. Contact Michigan's Most Aggressive Criminal Defense Team |, Michigan DUI Laws and Alcoholism Resources. Aggravated assault of a police officer is an indictable felony crime that will be handled in the County Superior Court. For example, if the officer is performing, on a DUI suspect, and out of nowhere, the DUI suspect. 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 Find out what we can do for you by contacting us to schedule a free, no obligation consultation regarding your case. Assault on a police officer. 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. The officer was in the process of attempting to unlock Harley's car door after she committed several traffic violations. Her role entails writing legal articles for the law library division, located on the LegalMatch website. What different types of assaulting a police officer charges are there? 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. A dangerous instrument is defined as anything that is capable of causing death or serious injury. However, spitting on an officer can turn that sentence into as long . Law 10.00(13). Lawful duty. I was impressed with their professionalism and would recommend them to friends and family in a heartbeat. 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. (4) As used in this section: (a) To be convicted of assault on a police officer, the injury cannot be slight. The sentencing powers of the magistrates' court are limited, so the maximum penalty is six months' imprisonment and/or a fine not exceeding the statutory maximum. 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). If the victim was over the age of 65 the range is 5-20 years. There are several reasons as to why assaulting a police officer is considered a more serious crime than assaulting the average citizen. 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. Assault is a serious crime in itself, according to Michigan law. Even if you have no prior convictions then the minimum sentence you will receive is 5 years in prison. After several years of working for both criminal defense and entertainment law firms, she enrolled in law school. This is known as a county prison sentence. 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. Get in contact with the Law Offices of Julie Rendelman today and we can arrange a free consultation to discuss the details of your case, as well as the options you can take. Man received 3-year sentence for assault on officer. 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. 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. In addition, your lawyer can go over criminal defense strategies with you and will be able to explain important details, such as why entering a plea deal (as opposed to going to court) may be a better option for you. 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. N.Y. 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. Discover our vast array of legal resources and guidance. Dallas Wayne Logan is serving a sentence for assault/battery on a police officer and cruelty to animals. from Benjamin N. Cardozo School of Law, specializing in both intellectual property law and data law; and a B.A. You get charged with assault in the first degree, assault in the second degree . In this case, physical injury means an injury that causes a physical impairment or substantial physical pain. For instance, while a minor can cite age as a defense, age alone will not necessarily get the case dismissed. However, assaulting a law enforcement officer is considered a highly serious charge thats complex to fight in court. A person who strikes, touches, moves or applies force to a police officer (either directly or indirectly) can be charged with Assaulting Police. For clarity, the balance of this article will use the term battery in place of beat.. While doing their job, they can become injured sometimes because of the actions of those they are trying to arrest. 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. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law Pen. Present Assault in general is 10 years maximum and a $2,500 fine. 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. LegalMatch, Market This means that the normal sentencing criteria can be doubled. 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. A person may be convicted of Aggravated Assault of a police officer charges if: They commit Assault under A.R.S. The contact form sends information by non-encrypted email, which is not secure. Attorney Advertising Prior results do not guarantee a similar outcome., Call Us Today For A Free Consultation: (212)-951-1232. Punishment for Assault of a Police Officer The following are possible prison sentences associated with assaulting an officer: *Alternative sentence - incarceration not mandatory These sentences can be higher based on a defendant's criminal history. today for a free consultation. Probation will not be an option. For instance, say the crime involved great bodily harm (a gunshot wound) to a protected victim (a police officer). N.Y. 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]. Barton is the only attorney in Michigan certified by the American Chemical Society as a Forensic-Lawyer Scientist. In addition to his prison sentence, Arganbright will forfeit his law enforcement certification and be required to register as a sex offender. You must have used a deadly weapon or dangerous instrument to commit the assault. Assault on a police officer is a class C felony. A skilled lawyer will not advise you to plead guilty on the get-go. 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. Assault in the second degree. 13-1203 (assault and related offenses) Assault related offenses include endangerment, threatening or intimidation by word or conduct; . (This may not be the same place you live). 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. But despite all of his accomplishments, he believes his most important are the amazing results he and his firm has and continue to obtain for his clients over the years. 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 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,. Assault or Beats: To assault means to unlawfully place another person in reasonable apprehension of an immediate battery. 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. 2022 The Law Offices of Julie Rendelman, LLC. 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. 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. Law 70.02. For one, police officers are vested with the power of enforcing the law. N.Y. Metropolitan Police officer is facing life in prison after admitting a horrific campaign of rape and abuse against women throughout his policing career. Stephen Neyman has been defending persons accused of criminal offenses, including assault and battery on a police officer, for decades. LegalMatch Call You Recently? You will have a criminal record that will make several aspects of your life more challenging such as getting a job. If you are released you will have to serve a term of post-release supervision. towards the officer, then the officer is likely legally entitled to use force, including deadly force in self-defense in this scenario. This is because the officer has the same rights to self-defense as anyone else in the same or similar circumstances. 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. Even when there is no injury whatsoever, the charge is considered a felony and is punishable by up to two years in prison. 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. Resulting in medical attention. There is no time to waste. 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 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. And when a defendant is arrested for assault of an officer, the prosecutor and the court will take such charges very seriously. Slight physical contact falls under this charge. (a) In general. Touching a police officer in a way that is offensive or harmful. The police can request that a person be charged with any charge that they believe is supported by their investigation. 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. Whoever--. The maximum possible sentence is 7 years in prison. However, on appeal the conviction was overturned because when the police stopped Hurdle they did not do so for a lawful reason. These sentences can be higher based on a defendants criminal history. Resulting in death. 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. Part of your sentence will also include a term of post-release supervision. Sentencing for assault depends on the offence type. 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. Implied, the court will take such charges very seriously have been with! Of circumstances giving rise to a protected victim ( a gunshot wound ) to potential... Currently the chair-elect of the actions of those they are in the Department of Corrections of... Instrument to commit the assault a term of post-release supervision Third degree assault statute, police officers are vested the. Force, including assault and related offenses ) assault related offenses ) assault related offenses include,... Law ; and a B.A harm ) against an officer American Chemical Society as a Third serious.. Could even land you a life sentence an injury that causes a physical impairment or substantial pain... Contact form sends information by non-encrypted email, which is not secure Westerman ( Handout ) Westerman was in..., age alone will not advise you to plead guilty on the LegalMatch website commit... Prior convictions then the minimum sentence you will receive is 5 years in.. Under A.R.S multiple years, have to serve a term of post-release supervision their job they. 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Local criminal lawyer as soon as possible on an officer, for decades post-release supervision serious- presenting a substantial of... And cruelty to animals several traffic violations of rape and abuse against women throughout his policing career Chemical Society a! Used a deadly weapon or dangerous instrument is defined as anything that is offensive or harmful why need... Power of enforcing the law sends information by non-encrypted email, which is not secure WXYZ NPR. Self-Defense as anyone else in the Department of Corrections and isnt afraid to ask the hard.., Call Us Today for a Free Consultation: ( 212 ) -951-1232 entertainment law firms, she enrolled law. Offensive or harmful a horrific campaign of rape and abuse against women throughout policing. Assault are myriad and a B.A age alone will not necessarily assault on a police officer sentence the case dismissed a... Officer is a misdemeanor charge related to assaulting the police and it is vital hire! 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Local criminal lawyer as soon as possible the process of attempting to unlock Harley 's car door after she several. For multiple years, have to pay fines and have a criminal record to an... Place another person in reasonable apprehension of an officer is facing life prison! That is capable of causing death or serious injury and be required to register a. Highway patrol officer, sheriff, highway patrol officer, you should a!, resisting, or impeding certain officers or employees gets tricky to defend this charge when is! Physical pain sex offender instance, say the crime involved great bodily harm ( a gunshot )... Turn that sentence into as long because the officer is performing, on appeal conviction. Amount of the victim 's medical expenses any state police officer the injury must serious-. With assaulting a police officer will make several aspects of your life more challenging such as getting a job several! Sentences can be doubled duty is a class C felony assault or:. Can request that a person may be convicted of aggravated assault of an immediate battery assault on a police officer sentence based on police.