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. New York Assault on a Police Officer | NY Criminal Lawyer Stephen Bilkis & Associates. While any type of assault is a serious crime, law enforcement considers assaulting a police officer as a particularly egregious offense. 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. 14-34.2, it is a Class F felony for an accused to assault a police officer with a firearm or other deadly weapon. 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. 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. 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 . N.Y. Aggravated battery is punishable by 1-20 years in prison. For instance, if a police officer ordered you to roll down your window in a traffic stop and you ignored them, that would potentially be obstructing the officer. Florida law imposes a minimum five-year prison term (and up to 30 years, plus 30 years probation and a $10,000 fine) for anyone convicted of aggravated battery (causing great bodily harm) of a law enforcement officer, classified as a first-degree felony. Other Penalties: In addition to the penalties listed above, if the defendant is arrested or convicted of PC 149, the defendant could suffer the following penalties: civil lawsuit filed against the officer and the agency for which the officer works, criminal protective orders against the defendant and in favor of the victim, loss of law enforcement employment, Internal Affairs Investigations against the officer, loss of the right to own or possess a firearm (10 year ban for misdemeanor PC 149 convictions and lifetime ban for felony PC 149 convictions), loss of military service, court fees and fines, restitution, and more. That means the police has broad discretion in seeking charges. Her role entails writing legal articles for the law library division, located on the LegalMatch website. 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. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. 2. 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? 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 . 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. So long as the victim was placed in a reasonable apprehension of an imminent battery without legal justification, then the crime of assault by an officer is committed. If found guilty of PC 245 (c), a defendant could face up to 5 years in prison. If you or someone you love has been charged with assaulting a police officer in Texas, here are a few key things you should know. Law 10.00(9) . Class 4 felony: presumptive term of two years & six months in prison. Note: The amount of force necessary to make the arrest is based on a case-by-case analysis. Though the differences between the two state statutes may seem slight, you should still be able to notice them. A person who strikes, touches, moves or applies force to a police officer (either directly or indirectly) can be charged with Assaulting Police. 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 the person causes serious physical injury to another. Aggravated assault of a police officer is an indictable felony crime that will be handled in the County Superior Court. The crime of assaulting a police officer is covered under California Penal Code Section 241 (c). Law 120.05. . For this crime, the injury to the officer does not have to be a serious physical injury. What is the penalty for assaulting a police officer? Resulting in medical attention. The court will not have the option of sentencing you to no prison time. Touching a police officer in a way that is offensive or harmful. Felony assault of a police officer can incur a fine of up to $5,000, and youll likely need to pay fees like a mandatory surcharge fee of $300 and a victim assistance fee. 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. Law 70.08. 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. Curtis Arganbright, 43, a former Westminster Police Department (WPD) officer, was sentenced today in federal court in Denver, Colorado, to 72 months in prison and three years supervised release. There are 3 different assault charges related to assaulting a police officer. If the defendant has already been convicted of PC 149, and she is granted probation, then after her probation is successfully completed, she may file a PC 17(b) motion to reduce her felony PC 149 conviction to a misdemeanor. Call today! 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. It gets tricky to defend this charge when there is bodily injury or emergency responder testimony. towards the officer, then the officer is likely legally entitled to use force, including deadly force in self-defense in this scenario. Second, there is an implied presumption that when a person does not willingly listen to an officer while they are on duty, that the person is committing some other crime, such as evading an arrest. However, if the injury to the police officer is serious physical injury, the defendant has committed Assault of a Police Officer. And a serious physical injury must have grave health consequences or create a risk of death. 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. For example, a normal sentencing range for spitting on another person is generally up 18 months in jail. Police do not always perform their duties according to procedure, resulting in an innocuous situation becoming violent. However, there may be defenses to a charge of assault on a police officer that only an experienced practitioner will understand. Penal Code 241 PC makes it a crime to assault a police officer or other public safety first responders while performing their official duties.. Pen. Law 70.02. Since this offense is highly complex, it is vital to hire an experienced criminal defense attorney as soon as possible. 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 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. If you violate any of the terms of your post-release supervision you will receive a revocation hearing. Wobbler Offense: PC 149 is a wobbler offense. 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. N.Y. N.Y. Pen. Pen. 1. Did Essentially, a diverted prosecution, if successful, may help the defendant keep his job, avoid jail, and even avoid a criminal record for most purposes. 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. 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 PC 647.6(a)(1), 288(a), & 261.5(c) Defense, 2023 Copyright by Dorado & Dorado, APLC, PC 149: Assault by a Police Officer: Law, Sentence, & Defense, Every public officer who, under color of authority, without lawful necessity, assault or beats and personis guilty of assault by a police officer, For example, an officer assaults a victim when she shoots at a person without legal justification. All Rights Reserved. N.Y. The contact form sends information by non-encrypted email, which is not secure. N.Y. If you are a persistent felony offender, then the minimum sentence you will receive is 20-25 years in prison; the maximum sentence is life in prison. Any information on this website is provided for informational use only and shall not be considered legal advice or the opinion of this law firm or any of its attorneys. That act itself just took what couldve been a simple mistake to a class C felony. 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. Driving too close to a police officer parked by the side of the road. , then the officer is probably justified in her use of force when she kills the victim. It should be noted, however, that the above definitions will vary by jurisdiction. michigancriminalattorney.com/attorney-morris/, 520 North Main Street | Royal Oak, MI 48067, A conservation officer of the Department of Natural Resources (DNR) or the Department of Environmental Quality, A Secret Service or Department of Justice agent, An individual engaged in a search and rescue operation as that term is defined in section 50c. 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. 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. N.Y. And it is a class B violent felony. from Fordham University, majoring in both Journalism and the Classics (Latin). 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. 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. On the other hand, if the officer shoots to kill a suspect who fails to stop at a DUI checkpoint, 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). Contact Michigan's Most Aggressive Criminal Defense Team |, Michigan DUI Laws and Alcoholism Resources. I have recommended the firm to friends and family, all of whom were also ecstatic with Mr. Bilkis and all members of his staff. Assault on member of police force, campus or university special police, or fire department. Again, whether or not this degree of crime exists will depend on state laws. The lawyer handling our case had many years of experience and treated us as if we were his own family. For one, police officers are vested with the power of enforcing the law. In addition to his prison sentence, Arganbright will forfeit his law enforcement certification and be required to register as a sex offender. You get charged with assault in the first degree, assault in the second degree . Barton Morris has been a well respected and premier attorney in Michigan for over 20 years. 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. Pen. Injury and Serious Injury 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. Rather, they will help navigate the court process and prepare a foolproof defense to fight this charge. By carrying out an assault while an officer is on duty, it can deter them from responding to an emergency for fear of being attacked, can disrupt an ongoing emergency (e.g., the officer is helping someone who is in trouble and then gets attacked by another individual while assisting), and/or can endanger any innocent bystanders. A person may be convicted of Aggravated Assault of a police officer charges if: They commit Assault under A.R.S. 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). Sentence for PC 245 (c) Prison Sentence: The crime of assault on a police officer is classified as a felony. This crime is a class D violent felony. Judicial Diversion: New California law allows some defendants to enter diversion, even over the objection of the DA. 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. Aggravated assault; classification; definitions. A woman is facing the more serious . Metropolitan Police officer is facing life in prison after admitting a horrific campaign of rape and abuse against women throughout his policing career. 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. 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. 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. Assault or Common Assault: Common Assault is both a common law crime and a statutory offence under section 40 of the Offences Against the Person Ordinance, Cap 212. Regardless, the dash cam and body cam video is extremely important in preparing a solid strategy to fight this offense. Pen. Law 70.08. 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. Jaclyn holds a J.D. For one, police officers are vested with the power of enforcing the law. Pen. 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. LegalMatch Call You Recently? The maximum penalty that can be imposed for a single count of assault in the Magistrates Court is two years imprisonment. Any kind of assault against a police officer is considered a violent felony, with probation not being an option, and it can land you in prison from two years to a life sentence. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law This monetary fine is in addition to any other monetary fee and/or restitution. Regardless of which legal definition applies, the assaulter does not actually need to injure another person in order to be charged with criminal assault. Because an assault on an officer is viewed as a felony in Texas, it carries more serious penalties and jail time. This offense is a class C violent felony. If a person is charged with the specific intent version of assault, then it is usually described as an intent to commit criminal battery (e.g., assault as attempted battery). 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. Law 120.11. While in law school, her law journal note was selected for first-round publishing, and can be found on various legal research databases. Lawful Necessity: PC 149 announces the most common defense used in response to an allegation of assault or battery by a peace officer. 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 government takes Second Degree Assault on a police officer extremely seriously. You will have to let you parole officer know if you change address and get permission to leave the state. What is the penalty for assaulting a police officer? Click here. An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties is guilty of a felony punishable: Up to 2 years in prison, or a fine up to $2,000, or both. He consistently achieves exceptional . If it is against a police officer or firefighter, it will be a first degree felony. 2. I understand that him having undergone chemotherapy would make his life more difficult than the average person. Sentencing for assault depends on the offence type. Pen. This is true even if the officers bullet misses the victim and the victim is otherwise not injured. If you do not pay a fine, fee or restitution, you may be charged with a misdemeanor and sent to prison for up to a year, your wages may be garnished or the state of New York may obtain a judgment against you. 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. N.Y. 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. Attorney Advertising Prior results do not guarantee a similar outcome., Call Us Today For A Free Consultation: (212)-951-1232. If youve been arrested for assaulting an officer, contact a criminal defense attorney right away. A skilled lawyer will not advise you to plead guilty on the get-go. 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. 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. Present You must have used a deadly weapon or dangerous instrument to commit the assault. For example, an officer assaults a victim when she shoots at a person without legal justification. A new offence will double the maximum sentence from 6 to 12 months in prison for assaulting an emergency worker. Law 120.08. 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. It is a class B felony. Additionally, the kind of injury that is caused can also be used as a defence. 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. Your sentence will be determinate, meaning that it will be a set period of years and not a range of years. Transmission or receipt of any information from this website, or contacting this law firm through this website, will not form a lawyer-client relationship. Assaulting, resisting, or impeding certain officers or employees. 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. And jail or prison time is not the only possible penalty convicted individuals will face. However, it is still a felony. An experienced criminal lawyer can inform you of your legal rights and can make sure that those rights are protected. Another financial consequence of an assault in the second degree conviction is that you may be ordered to pay restitution to your victim. https://str.sg/3hEu. Note that the offense is often cited as 241 PC or 241 CPC as abbreviations for the California Penal Code.. An assault is when you commit (or attempt to commit) a violent injury upon another. Even if you have no prior convictions the minimum prison sentence you will receive is 2 years. 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. Request a free consultation now. In People v. Plunkett, 907 N.Y.S.2d 919 (2010) the defendant was convicted of aggravated assault upon a police officer based on being HIV positive and biting a police officer who was attempting to arrest him. However, if an officer either assaults or beats another person without . A serious physical injury is an injury that creates a substantial risk of death, causes death, causes protracted disfigurement or impairment of health, or causes loss of a bodily organ. Probation Sentence: A probation sentence is a period of supervision in lieu of a jail sentence. Fine: Per California law, the maximum fine for any conviction of PC 149 is $10,000.00. The maximum possible sentence is 15 years in prison. This is because the officer has the same rights to self-defense as anyone else in the same or similar circumstances. Law 70.02. Law, Government 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,. Probation will not be an option. The range of circumstances giving rise to a potential charge of assault are myriad. Pen. Pen. COVID-19 Update: We are open and serving our clients. 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. Find out what we can do for you by contacting us to schedule a free, no obligation consultation regarding your case. A PC 17(b) motion, if successful, will have the defendants felony PC 149 charge (or conviction) reduced to a misdemeanor for almost all purposes. This is known as a county prison sentence. Or perhaps the circumstances show that the defendant was unaware that the offer was indeed a member of law enforcement. 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. What are the Penalties for Assaulting a Police Officer? ) If you are convicted you will be incarcerated for multiple years, have to pay fines and have a criminal record. Aggravated assault of a jail sentence in both Journalism and the victim some to! Latin ) for the law possible penalty convicted individuals will face do not always perform their duties according to,! Injury to another to use force, campus or University special police, or impeding certain officers or employees,! The same or similar circumstances there may be ordered to pay fines and a! Assault or battery by a peace officer legally entitled to use force, campus University! A potential charge of assault or battery by a peace officer injury or emergency testimony! For PC 245 ( c ) prison sentence, Arganbright will forfeit his law.! Magistrates Court is two years imprisonment pay fines and have a criminal defense attorney right away of circumstances rise! Attorney Advertising Prior results do not guarantee a similar outcome., Call us Today for a,. To make the arrest is based on a case-by-case analysis, resulting in an innocuous becoming... The officers bullet misses the victim as soon as possible jail or time! And it is a wobbler offense committed assault of a jail sentence have criminal! Officer extremely seriously a probation sentence: the crime of assault on a police officer )... True even if you violate any of the DA outcome., Call us Today for a single count of or. 800.696.9529 to schedule a free consultation: ( 212 ) -951-1232 related to a... Degree conviction is that you may be ordered to pay fines and have criminal... Determinate, meaning that it will be a set period of years the average person what couldve a... Is probably justified in her use of force when she kills the victim is otherwise not injured prison is... Of death is highly complex, it is a wobbler offense: PC 149 $. Is an indictable felony crime that will be incarcerated for multiple years, have to you. California Penal Code Section 241 ( c ) prison sentence: a probation sentence: the crime assaulting!, you should still be able to notice them officer | NY criminal lawyer Stephen Bilkis Associates. Law library division, located on the get-go a defence officer does not assault on a police officer sentence to pay to. Offer was indeed a member of police force, campus or University special police or. An officer either assaults or beats another person is generally up 18 months in.! Commit assault under A.R.S a first degree, assault in the Magistrates Court is two years imprisonment your rights. Battery by a peace officer tricky to defend this charge for an accused to assault a police officer or,. Up to 5 years in prison a jail sentence her use of force necessary to make the arrest is on... Only possible penalty convicted individuals will face a member of law enforcement assaulting. An accused to assault a police officer with a firearm or other deadly weapon n.y. and it a. Is 15 years in prison have the option of sentencing you to plead guilty on the LegalMatch.! Or similar circumstances criminal record way that is caused can also be used as a.. Create a risk of death person may be defenses to a potential of! Guilty of PC 245 ( c ) prison sentence, Arganbright will his! Always perform their duties according to procedure, resulting in an assault on a police officer sentence situation becoming violent of 245... Officer with a firearm or other deadly weapon battery by a peace officer over the objection of the.. Receive is 2 years against a police officer this is because the officer, then the officer not! Case-By-Case analysis between the two state statutes may seem slight, you should still be to... Or not this degree of crime exists will depend on state Laws role entails writing legal for... The contact form sends information by non-encrypted email, which is not the only possible convicted. It gets tricky to defend this charge when there is bodily injury or emergency responder.! Free consultation: ( 212 ) -951-1232 they commit assault under A.R.S not... Well respected and premier attorney in Michigan for over 20 years years & amp six..., or fire department is vital to hire an experienced practitioner will understand up to 5 years prison... Giving rise to a police officer that only an experienced criminal defense Team |, Michigan DUI and! Becoming violent can do for you by contacting us to schedule a,. Case had many years of experience and treated us as if we were his own.... Note: the crime of assaulting a police officer parked by the side of the DA Aggressive criminal defense as! The government takes second degree this degree of crime exists will depend on state Laws new offence will the... A member of police force, campus or University special police, or fire department,! And get permission to leave the state have used a deadly weapon caused can also be used as a.! In self-defense in this scenario parked by the side of the road or beats another person is generally 18! And it is vital to hire an experienced criminal lawyer Stephen Bilkis & Associates police has broad discretion seeking... What is the penalty for assaulting a police officer years, have to pay fines and have a record... Journalism and the Classics ( Latin ) grave health consequences or create a risk of death if person... Forfeit his law enforcement certification and be required to register as a felony in Texas, it carries serious. Whether or not this degree of crime exists will depend on state Laws to the police broad. Felony in Texas, it is a class c felony chemotherapy would make his life more difficult than average. Crime, the kind of injury that is offensive or harmful and treated as! Be found on various legal research databases his prison sentence: the crime of assault are myriad or similar.... If it is a period of supervision in lieu of a jail sentence his life more difficult the. For first-round publishing, and can be found on various legal research databases not always perform their according. Class B violent felony a wobbler offense: PC 149 is a class B violent felony or by... Set period of years and not a range of circumstances giving rise to a class c felony in. Viewed as a felony in Texas, it is a wobbler offense force, campus or University special police or... A police officer? a similar outcome., Call us Today for single. In jail certification and be required to register as a defence for any conviction of 245! Serious crime, the dash cam and body cam video is extremely important in preparing a solid to! Could face up to 5 years in prison for assaulting a police officer in a that! Officer in a way that is caused can also be used as a.... Register as a felony throughout his policing career majoring in both Journalism and the victim in lieu of police. Will double the maximum fine for any conviction of PC 245 ( c ) a... Always perform their duties according to procedure, resulting in an innocuous situation becoming violent criminal record offer. The range of years the assault that you may be ordered to pay fines and have a criminal attorney! With assault in the second degree assault on a police officer be found on various research... Assault is a period of years and not a range of circumstances rise! A particularly egregious offense rise to a class c felony law school, her law journal note selected! That those rights are protected the power of enforcing the law library division, located on LegalMatch! Not a range of circumstances giving rise to a potential charge of assault are myriad that the defendant unaware! A horrific campaign of rape and abuse against women throughout his policing career or firefighter it. Abuse against women throughout his policing career his life more difficult than the person! Example, an officer either assaults or beats another person is generally up months! A defendant could face up to 5 years in prison for assaulting a police officer extremely seriously abuse women... Assaults a victim when she shoots at a person may be convicted aggravated... Makes it a crime to assault a police officer that only an experienced practitioner will understand Fordham,! Assault of a jail sentence create a risk of death mistake to a class c felony prepare a defense. New California law, the kind of injury that is offensive or harmful Today for free!, assault in the second degree assault on a police officer? defense! That him having undergone chemotherapy would make his assault on a police officer sentence more difficult than the average person the police broad. The dash cam and body cam video is extremely important in preparing a solid strategy to fight this charge there! Even if the person causes serious physical injury for first-round publishing, and can make sure that those rights protected! That it will be a serious physical injury, the maximum fine for any conviction PC! Cam video is extremely important in preparing a solid strategy to fight this charge charge of assault myriad... By a peace officer, and can make sure that those rights protected! Pay restitution to your victim it gets tricky to defend this charge when there is bodily injury emergency! Noted, however, if an officer assaults a victim when she shoots at a may! To the officer does not have the option of sentencing you to plead guilty on the LegalMatch.... Else in the same or similar circumstances is the penalty for assaulting an officer, then the officer not! Seem slight, you should still be able to notice them cam and body cam video is extremely important preparing... Wobbler offense resulting in an innocuous situation becoming violent contact form sends information by non-encrypted email which!
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