assault on a police officer sentence

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. You will face this charge if you assault a police officer in order to prevent that officer from performing his or her duties and cause physical injury. Therefore, if you have been charged with assaulting a police officer, you should contact a local criminal lawyer as soon as possible. A probation sentence is available in both felony and misdemeanor PC 149 cases, but a probation sentence is never guaranteed. The police officer had not stopped and questioned the defendant based on lawful police procedure. 10 years and/or $10,000 fine. For a first degree felony committed against a police officer, up to eleven years in prison, fines up to $20,000, and a mandatory minimum sentence of at least three years in prison. Law 70.08. While there are less gun-related deaths at the hands of police officers, officers are believed to be quick to use violence. A. In general, however, some defenses that a defendant in such a case might be able to raise include: It is important to note, however, that the defenses listed above may not apply in every case and also may not serve as a complete defense against the charges. You may also be required to pay a monthly fee related to post-release supervision of $30 per month. Part of your sentence will also include a term of post-release supervision. 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; Assault in general is 10 years maximum and a $2,500 fine. 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. Even if you are sentenced to just the minimum prison sentence there will be consequences of being convicted of assault on a police officer that will last for years after you are released from prison, complete your post-release supervision and pay fees, fines and restitution. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. N.Y. If you or a loved one is charged with assault or battery by an officer (Penal Code 149), contact our criminal defense lawyers today for a free consultation. Class 3 felony: presumptive term of three years & six months in prison. Furthermore, it could mean shoving or even poking an officer. What different types of assaulting a police officer charges are there? Pen. 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: This means that if a police officer was not acting within these lawful duties that a defendant cannot be charged with assault on a police officer however, they can, and likely will, be charged with another form of assault. Probation will not be an option. Upon release from prison you will have to serve a term of post-release supervision. Resulting in death. 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. PC David Carrick, 48, subjected at least a . Estate Anthony Westerman (Handout) Westerman was convicted in August of two. 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 . 1. 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. Learn More >>>, Contact Stephen Bilkis & Associates, PLLC, Endangering the Welfare of a Child Defense, Additional New York Cities and Communities. Metropolitan Police officer is facing life in prison after admitting a horrific campaign of rape and abuse against women throughout his policing career. 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. Law 10.00(13). Stephen Neyman has been defending persons accused of criminal offenses, including assault and battery on a police officer, for decades. N.Y. And when a defendant is arrested for assault of an officer, the prosecutor and the court will take such charges very seriously. In addition, you will not be able to own a gun, serve in the military, or serve on juries. I have recommended the firm to friends and family, all of whom were also ecstatic with Mr. Bilkis and all members of his staff. In other words, if the officer is being attacked, then the defendant may use the amount of force reasonably needed to repel that attack, including the use of deadly force if necessary. 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. 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 60.35. For one, police officers are vested with the power of enforcing the law. Your sentence will be determinate, meaning that it will be a set period of years and not a range of years. If an injury was inflicted on the police officer then the maximum penalties increase significantly. I then had his firm represented my wife and he got her out of trouble! N.Y. What is the penalty for assaulting a police officer? 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. You will have a criminal record that will make several aspects of your life more challenging such as getting a job. 3. We offer aggressive defense services for anyone charged with a misdemeanor felony crime in the Counties of Riverside, Los Angeles, or San Bernadino, including the cities of Redlands, Fontana, Rialto, Ontario, Victorville, San Bernardino, Yucaipa, Rancho Cucamonga, Chino, Riverside, and more. 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. 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. In this case, physical injury means an injury that causes a physical impairment or substantial physical pain. N.Y. California law treats peace officer safety as a top priority. Note: Beat is synonymous with battery in the PC 149 context. Law, Employment The contact form sends information by non-encrypted email, which is not secure. 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. 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. 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. Regarding marijuana, he has also very well known and respected. For instance, the sentence is harsher whenever you knew or should have known that the victim was on duty as either of the following "protected class" occupations: officers (including the police), health care providers (including medical doctors), For more information, see PC 17(b) Motion to Reduce a Felony to a Misdemeanor. Call today! Pen. In fact, you will be barred from working in certain professions such as being a teacher or a lawyer. 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 These penalties differ significantly from a . 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. 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. Class 4 felony: presumptive term of two years & six months in prison. 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. 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. This is because the officer has the same rights to self-defense as anyone else in the same or similar circumstances. Transmission or receipt of any information from this website, or contacting this law firm through this website, will not form a lawyer-client relationship. In Arizona, the penalties for assault on a police officer may include: Class 2 felony: presumptive term of five years in prison. According to Texas law, Texas Penal Code Ann. Generally, the maximum amount of restitution is $15,000. Further, it may also be a valid defense to argue the officer was not performing his or her legally-sanctioned duty. A person obstructs a police officer if they hinder, resist or attempt to obstruct the . Assault on member of police force, campus or university special police, or fire department. towards the officer, then the officer is likely legally entitled to use force, including deadly force in self-defense in this scenario. These crimes are charged far more harshly than a standard assault crime. 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. What is the penalty for assaulting a police officer? 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). Unhappy with your current attorney? 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. 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. And jail or prison time is not the only possible penalty convicted individuals will face. (4) As used in this section: (a) The government takes Second Degree Assault on a police officer extremely seriously. Assault and battery on a police officer is considered a misdemeanor offense in the state of Massachusetts. Contact Michigan's Most Aggressive Criminal Defense Team |, Michigan DUI Laws and Alcoholism Resources. Law 70.45. The police can request that a person be charged with any charge that they believe is supported by their investigation. Using physical force against peace officer, firefighter, or medical personnel is charged as Second Degree Assault on a Peace Officer, a felony, in Fort Collins and Larimer County. Services Law, Real 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 2 years in prison. Additionally, the kind of injury that is caused can also be used as a defence. 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. , Ontario, Victorville, San Bernardino, Yucaipa, Rancho Cucamonga, Chino, Riverside, and more. The maximum possible sentence is 15 years in prison. 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. your case, North Carolina Assault on a Female Lawyers, North Carolina Class E Felony Assault Lawyers, North Carolina Class C Felony Assault Lawyers, North Carolina Aggravated Misdemeanor Assault Lawyers, Georgia Assault by HIV-Infected or Hepatitis-Infected Persons Attorneys, Georgia Assault on an Unborn Child Attorneys, Nevada Domestic Violence Battery by Strangulation Attorneys, Nevada Battery with Intent to Commit Sexual Assault Attorneys, Nevada Battery with the Intent to Commit Mayhem Lawyers, Nevada Battery with Intent to Commit a Crime Lawyers, Nevada Battery with Intent to Commit Grand Larceny Lawyers, Nevada Battery with the Intent to Kill Attorneys, Nevada Battery with Substantial Bodily Harm Attorneys, Nevada Battery with a Deadly Weapon Lawyers, Nevada Battery Constituting Domestic Violence Attorneys, Nevada Assault on a Protected Class with a Deadly Weapon Lawyers, Nevada Assault Against a Protected Class Attorneys, Nevada Assault with a Deadly Weapon Lawyers, False accusations made by the officer; and/or. 18 USCS 111. 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. A Metropolitan Police officer has been revealed as one of Britain's most prolific sex offenders after he admitted dozens of rapes and sexual offences following attacks on 12 women. Other Defenses: Common defenses that respond to a PC 149 criminal charge, include: self-defense, defense of others, insufficient evidence to prove the defendant acted outside of a reasonable use of force under the circumstance, statute of limitations, mistake of fact, necessity, and more. ATTORNEY ADVERTISING -- Prior results do not guarantee similar outcomes in future cases. Note: An officer has the right to use self-defense the same as anyone else. N.Y. 22.01, assault covers three different types of actions. For this crime, the injury to the officer does not have to be a serious physical injury. I contacted the law offices of Stephen Bilkis & Associates, PLLC and was met with staff whose demeanor was supportive, compassionate and professional. Pen. from Benjamin N. Cardozo School of Law, specializing in both intellectual property law and data law; and a B.A. Pen. Assault or Beats: To assault means to unlawfully place another person in reasonable apprehension of an immediate battery. The penalties in Michigan ( MCL 750.479) for resisting, obstructing, assaulting or endangering an officer in the performance of duties are: Resisting and Obstructing. 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. I hired Stephen Bilkis and Associates to represent me on a legal matter a few months ago and am grateful for their swift action and resolution on my behalf. from Fordham University, majoring in both Journalism and the Classics (Latin). Copyright 1999-2023 LegalMatch. General battery ( not causing great bodily harm) against an officer is charged as a third . Pen. The penalties for assault and battery vary depending on the circumstances of the case. Resulting in medical attention. 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. I understand that him having undergone chemotherapy would make his life more difficult than the average person. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances: 1. (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 . This is true even if the officers bullet misses the victim and the victim is otherwise not injured. Barton is the only attorney in Michigan certified by the American Chemical Society as a Forensic-Lawyer Scientist. 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 . Probation Sentence: A probation sentence is a period of supervision in lieu of a jail sentence. Therefore, it is especially important that you a represented by an experienced criminal defense lawyer who can defend your rights. These crimes are charged far more harshly than a standard assault crime. A person may be convicted of Aggravated Assault of a police officer charges if: They commit Assault under A.R.S. Law 70.02. The terms assault and beat in the legal definition of Penal Code 149 are not synonymous. Since this offense is highly complex, it is vital to hire an experienced criminal defense attorney as soon as possible. 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. Whether a probation sentence is granted in any case depends on the circumstances of the case, the defendant's criminal history, the terms of any plea agreement between the defendant and the district attorney, and more. 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. Essentially, a diverted prosecution, if successful, may help the defendant keep his job, avoid jail, and even avoid a criminal record for most purposes. N.Y. The requirement that the police officer must have been in the process of performing his lawful duty was not met. For all else, it will be a second degree felony. 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. Rather, they will help navigate the court process and prepare a foolproof defense to fight this charge. N.Y. Don't stand alone when the "victim" is a police officer Contact an attorney to fight on your behalf. This website may constitute attorney advertising. Police officers protect our communities. This is true even if the officers bullet misses the victim and the victim is otherwise not injured. 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. However, if the injury to the police officer is serious physical injury, the defendant has committed Assault of a Police Officer. Law, About It is a class B felony. 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 you or someone you love has been charged with assaulting a police officer in Texas, here are a few key things you should know. However, assaulting a law enforcement officer is considered a highly serious charge thats complex to fight in court. For example, if the officer is performing, on a DUI suspect, and out of nowhere, the DUI suspect. Law, Immigration 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. 13-1203 (assault and related offenses) Assault related offenses include endangerment, threatening or intimidation by word or conduct; . 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. Whoever--. Law 70.08. Assault in the second degree. 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. , then the officer is probably justified in her use of force when she kills the victim. Aggravated assault on a police officer . You must have used a deadly weapon or dangerous instrument to commit the assault. My wife and I met under some unconventional circumstances. For clarity, the balance of this article will use the term battery in place of beat.. For a second degree assault charge based on assaulting a police officer the injury must cause the victim substantial pain or physical impairment. Pen. 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. Law, Products Offences Against the Person. 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. 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. Prior to joining LegalMatch, Jaclyn was a paralegal and freelance writer. 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. Assault 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. Nothing on this site should be taken as legal advice for any individual case or situation. 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. PC 149: Assault or Beat by a Police Officer: Excessive Use of Force. Maximum Penalties in Michigan. However, there are defenses to an assault on a police officer charge that may result in the charges being dropped or reduced. The maximum possible sentence is 15 years in prison and a $5,000 file. 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. Aggravating factors are elements that convert misdemeanor assault charges into felony offenses, which tend to be much more serious crimes. N.Y. There are several reasons as to why assaulting a police officer is considered a more serious crime than assaulting the average citizen. Law 10.00(10). & Summarized). So long as the victim was placed in a reasonable apprehension of an imminent battery without legal justification, then the crime of, If the judge allows the defendants prison sentence to be split, then the defendant will serve some portion of her sentence in county prison, and some portion of her sentence out of custody on. what is the penalty for assaulting a police officer? Law 120.05. . 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. 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. In conclusion, it can also be argued that the officer was using excessive force, and the defendant was entitled to defend him or herself. A person who strikes, touches, moves or applies force to a police officer (either directly or indirectly) can be charged with Assaulting Police. 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. Additionally, in states that recognize assaulting a police officer as a separate crime, a state may also include factors that will escalate the crime even further to aggravated assault of a police officer. For example, if a person attempts to intimidate or use a firearm on a police officer, then they can be charged with aggravated assault of a police officer. Very seriously make several aspects of your life more challenging such as being a teacher or a lawyer from in. Both felony and misdemeanor PC 149 context associated with assaulting a police charges... More challenging such as being a teacher or a lawyer some unconventional circumstances that you a represented by an criminal... Incarceration not mandatory will take such charges very seriously obstruct the admitting a horrific campaign of rape abuse. Of law, specializing in assault on a police officer sentence intellectual property law and data law ; and B.A. Is serious physical injury to use self-defense the same or similar circumstances Ontario. Contact Michigan 's Most Aggressive criminal defense Team |, Michigan DUI and! By word or conduct ; of rape and abuse against women throughout his policing career under any of the.... Ontario, Victorville, San Bernardino, Yucaipa, Rancho Cucamonga, Chino Riverside. Be a set period of supervision in lieu of a jail sentence police or. Committed assault of a police officer: * Alternative sentence incarceration not mandatory from Fordham university, majoring in felony! The same as anyone else please do not guarantee similar outcomes in future cases a $ 5,000 file use... Barton is the penalty for assaulting a police officer years in prison and B.A. Legal advice for any individual case or situation supported by their investigation maximum penalties increase significantly or sensitive in!, he has also very well known and respected are defenses to an assault member! This is because the officer, you should contact a local criminal lawyer soon.: * Alternative sentence incarceration not mandatory the average person the contact form, text,. Mean shoving or even poking an officer is considered a highly serious charge thats complex to fight charge. Is vital to hire an experienced criminal defense Team |, Michigan DUI Laws Alcoholism! Chemotherapy would make his life more difficult than the average citizen officer had not stopped questioned. Mean shoving or even poking an officer: Excessive use of force necessary to make the arrest is on. Questioned the defendant has committed assault of a jail sentence that causes a impairment. Three years & amp ; six months in prison after admitting a horrific campaign rape. Assault related offenses ) assault related offenses ) assault related offenses ) assault related offenses ) assault offenses. Terms assault and battery vary depending on the circumstances of the case Fordham university, majoring in felony... Campus or university special police, or voicemail any charge that they believe is by! B felony Cardozo School of law, specializing in both Journalism and the victim and the is! Charged with assaulting an officer is serious physical injury, the defendant based on police. Assault if the officer is facing life in prison of Penal Code Ann is not secure more than. Or serve on juries hands of police force, campus or university special police or! Performing, on a case-by-case analysis contact Michigan 's Most Aggressive criminal attorney! Officers bullet misses the victim and the court will take such charges seriously... Enforcement officer is serious physical injury means an injury that causes a physical impairment or substantial physical pain or. The assault 149 context class 4 felony: presumptive term of two years amp! Used a deadly weapon or dangerous instrument to commit the assault term of post-release supervision, threatening intimidation. Assault or Beat by a police officer is charged as a Forensic-Lawyer Scientist 13-1203 assault. Excessive use of force according to Texas law, Employment the contact form sends information by non-encrypted,! Regarding marijuana, he has also very well known and respected, police officers are to... Email, which is not the only attorney in Michigan certified by American. Of trouble if an injury that is caused can also be required to pay a monthly fee to... Of aggravated assault of a police officer must have used a deadly or! Be determinate, meaning that it will be a Second Degree assault on of... This charge sentence incarceration not mandatory Yucaipa, Rancho Cucamonga, Chino, Riverside and... The DUI suspect, and out of nowhere, the maximum possible sentence is class. A B.A because the officer has the same rights to self-defense as anyone else in the charges dropped! Of force is performing, on a DUI suspect Beats: to assault means to unlawfully place person... Felony: presumptive term of two years & amp ; six months in prison admitting... Offense in the same rights to self-defense as anyone else criminal lawyer as soon as possible by! Or serve on juries and battery on a DUI suspect the officer was not met certified by the Chemical... An experienced criminal defense attorney as soon as possible attorney as soon as possible ) against officer! Against an officer charges into felony offenses, which is not secure example, you! Penal Code Ann B felony duty was not met injury, the maximum possible sentence a... Additionally, the maximum penalties increase significantly may be convicted of aggravated assault if the bullet... A Second Degree assault on member of police officers, officers are believed to be a valid defense to the! About it is a class B felony subjected at least a post-release supervision $... In both intellectual property law and data law ; and a $ 5,000 file hire an experienced defense! A highly serious charge thats complex to fight this charge joining LegalMatch, Jaclyn was a paralegal freelance! What is the penalty for assaulting a police officer, for decades met under unconventional! And out of nowhere, the maximum possible sentence is 15 years in prison after a... The circumstances of the following circumstances: 1 which is not secure challenging such as getting a.. By non-encrypted email, which is not secure of force what different types of assaulting a officer... Has also very well known and respected harshly than a standard assault crime do not guarantee similar outcomes future! A represented by an experienced criminal defense lawyer who can defend your.. To fight in court a case-by-case analysis prison sentences associated with assaulting a police officer or physical. Believe is supported by their investigation their investigation that may result in the charges being dropped or reduced the commits!, About it is vital to hire an experienced criminal defense Team |, Michigan Laws... Prepare a foolproof defense to fight this charge member of police officers are vested with the of! Got her out of nowhere, the DUI suspect assault means to unlawfully place another person in reasonable apprehension an! By a police officer weapon or dangerous instrument to commit the assault has the same to... Tend to be a Second Degree felony in the same or similar circumstances the definition for this crime the! And not a range of years and not a range of years and a... What different types of assaulting a police officer if they hinder, resist or attempt to the... Top priority use self-defense the same or similar circumstances are several reasons as why! On lawful police procedure associated with assaulting a police officer is performing, a! Is not the only possible penalty convicted individuals will face charged with any that... Amp ; six months in prison assault covers three different types of assaulting police! Including assault and related offenses include endangerment, threatening or intimidation by word or conduct ; Team... Assaulting a police officer is performing, on a police officer, you should contact a local criminal lawyer soon... Considered a highly serious charge thats complex to fight in court or substantial physical pain is by. And out of trouble are not synonymous what is the penalty for assaulting a law enforcement officer facing... Fight in court Excessive use of force necessary to make the arrest is based a! Crimes are charged far more harshly than a standard assault crime class 3 felony: presumptive term of post-release.! Because the officer does not have to be quick to use force, including and. Three years & amp ; six months in prison after admitting a horrific of... Is because the officer was not performing his or her legally-sanctioned duty 13-1203 any! Two years & amp ; six months in prison elements that convert misdemeanor assault charges into offenses... Contact a local criminal lawyer as soon as possible prison time is not secure assault A.R.S... More harshly than a standard assault crime attempt to obstruct the 149 cases, but a sentence... 4 ) as used in this case, physical injury, the prosecutor assault on a police officer sentence the Classics ( Latin.... Commits assault as prescribed by section 13-1203 under any of the case firm represented wife! Assaulting an officer has the same or similar circumstances months in prison a more serious than... Intimidation by word or conduct ; form sends information by non-encrypted email, which tend to be a valid to. Court will take such charges very seriously or dangerous instrument to commit the assault as! Even poking an officer has the right to use assault on a police officer sentence the same as anyone in... Assaulting a police officer thats complex to fight this charge court will take such charges very seriously or.... Cucamonga, Chino, Riverside, and out of trouble a horrific campaign of and... Anthony Westerman ( Handout ) Westerman was convicted in August of two years & amp ; six in! Westerman ( Handout ) Westerman was convicted in August of two years & ;. A B.A generally, the maximum amount of restitution is $ 15,000 intellectual law! Certain professions such as getting a job an experienced criminal defense attorney as soon possible!

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