It is a class B felony. PC David Carrick, 48, subjected at least a . 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. what is the penalty for assaulting a police officer? If it is against a police officer or firefighter, it will be a first degree felony. 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. 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. 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. If youve been arrested for assaulting an officer, contact a criminal defense attorney right away. He regularly appears as a guest legal commentator on Fox 2, Let it Rip, WXYZ, NPR, and WWJ. (4) As used in this section: (a) The maximum possible sentence is 15 years in prison and a $5,000 file. 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. 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. In addition, a defendant should also consider how their jurisdiction classifies the crime (e.g., misdemeanor vs. felony, Class A vs. Class C, violent vs. nonviolent, etc.). Let Julie Rendelman help resolve your legal issue. Driving too close to a police officer parked by the side of the road. What is the penalty for assaulting a police officer? 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. 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. Being convicted of assault also can have substantial financial consequences as you will likely be required to pay a fine, fees and restitution. This crime is a class D violent felony. 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. The court will not have the option of sentencing you to no prison time. 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. 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. N.Y. 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. You will have a criminal record that will make several aspects of your life more challenging such as getting a job. Login. You will also not be able to receive certain government benefits such as welfare or federally funded housing. from Fordham University, majoring in both Journalism and the Classics (Latin). New York's criminal statute gives several examples of what is considered a dangerous weapon: means any loaded weapon from which a shot may be discharged, a knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles. The terms assault and beat in the legal definition of Penal Code 149 are not synonymous. Class 4 felony: presumptive term of two years & six months in prison. However, if an officer either assaults or beats another person without . Assault or Beats: To assault means to unlawfully place another person in reasonable apprehension of an immediate battery. The police officer had not stopped and questioned the defendant based on lawful police procedure. Rather, they will help navigate the court process and prepare a foolproof defense to fight this charge. For more information, see Wobbler Offense. The police can request that a person be charged with any charge that they believe is supported by their investigation. However, it is still a felony. 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. 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. The information on this website should not be relied upon to make a legal decision, and you are strongly advised to consult with legal counsel in your jurisdiction familiar with the particular circumstances of your legal situation. Law 70.08. According to Texas law, Texas Penal Code Ann. This website may constitute attorney advertising. N.Y. 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 . For aggravated assault of a police officer, the minimum sentence is five years, with a maximum of 25 - this can be extended to life in prison for persistent felony offenders Law 10.00(12). v. Harley, 905 N.Y.S.2d 617 (2010) defendant Linda Harley was convicted of assault in the second degree based on hitting a police officer's hands with a club auto-theft device. A probation sentence is available in both felony and misdemeanor PC 149 cases, but a probation sentence is never guaranteed. today for a free consultation. If your status is that of a non-violent predicate offender, then the court will sentence you to at least 3 years for an assault in the second degree conviction, while if you are a violent predicate offender, you will be sentenced to at least 5 years in prison. Law, Government For one, police officers are vested with the power of enforcing the law. A new offence will double the maximum sentence from 6 to 12 months in prison for assaulting an emergency worker. Although all types of assault are taken seriously in a court of law, assaults against police officers are seen as particularly egregious the court likely wont be in your favour, and you are likely to face years in prison. After several years of working for both criminal defense and entertainment law firms, she enrolled in law school. However, there are many other things that may be considered a deadly weapon or dangerous instrument. 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 . The court will not have the option of sentencing you to no prison time. 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. Resulting in death. Further, it may also be a valid defense to argue the officer was not performing his or her legally-sanctioned duty. Generally, the maximum amount of restitution is $15,000. 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. if the assault occurred because that person is a police officer. However, there is a misdemeanor charge related to Assaulting the Police and it is found under the Third Degree Assault statute. Essentially, a diverted prosecution, if successful, may help the defendant keep his job, avoid jail, and even avoid a criminal record for most purposes. Common assault: the maximum sentence is six months' custody if the assault is against an emergency worker, the maximum sentence is one year's custody if the assault is racially or religiously aggravated, the maximum sentence is two years' custody Actual bodily harm: So what is the penalty for assaulting a police officer? For a felony assault on a police officer conviction in addition to being sentenced to prison you may also be required to pay a fine of up to $5,000. If 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. All Rights Reserved. Law 60.35. Sentencing for assault depends on the offence type. Your Lawful duty. 10 years and/or $10,000 fine. Law 70.02. For assault on a police officer or aggravated assault upon a police officer the injury must be serious- presenting a substantial risk of death. However, there are defenses to an assault on a police officer charge that may result in the charges being dropped or reduced. 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. APO charges carry a stigma. Both physical injury and serious physical injury require more than just a slight bump or bruise. For more information, see PC 1001.95 Judicial Diversion. Man received 3-year sentence for assault on officer. The officer was in the process of attempting to unlock Harley's car door after she committed several traffic violations. 18 USCS 111. 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). N.Y. Pen. Pen. Law 70.02. 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. This information is not intended to create an attorney-client relationshipand receipt or viewing does not constitute such relationship. Mandatory or Enhanced Penalties in Aggravated Assault Cases In some states, a convicted defendant might receive a mandatory minimum sentence that the judge must impose if the circumstances involve several aggravating factors. N.Y. Assault in the second degree. He is also the only criminal defense lawyer to present to the Forensic Science Division of the Michigan State Police at their annual conference. A man who had been accused of fighting with Oak Ridge police officers and significantly injuring one of them was sentenced to three years in . In most states, when an assault occurs against a police officer, it is considered a "sentence enhancer.". Whether the district attorney charges the defendant with misdemeanor or felony PC 149 charges depends mostly on the defendants criminal history, the circumstances of the case, and more. Let our top rated Criminal Defense & DUI team review your case. Assault and Battery on a Police Officer. 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. For example, in People v. Hurdle, the defendant was ultimately acquitted of the charge of assault on a police officer because despite the fact that the defendant did assault the police officer. You will have committed this crime if with intent to prevent a police officer from performing his or her lawful duty, you cause that police officer serious physical injury. Are many other things that may be considered a deadly weapon or dangerous instrument guest legal commentator on 2! Or aggravated assault upon a police officer had not stopped and questioned the defendant based lawful!, and WWJ believe is supported by their investigation they believe is supported by their investigation the! That person is a misdemeanor charge related to assaulting the police and is... 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