Law 120.05. . However, there are defenses to an assault on a police officer charge that may result in the charges being dropped or reduced. Even if you have no prior convictions then the minimum sentence you will receive is 5 years in prison. Pen. 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. Assault on a police officer is a class C felony. What are the Penalties for Assaulting a Police Officer? ) A public officer means any state police officer, sheriff, highway patrol officer, or other law enforcement officer that serves the public. 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. 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 suspended prison sentence is a sentence that is not served at all unless the defendant violates some condition of her out-of-custody release. N.Y. 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. Probation Sentence: A probation sentence is a period of supervision in lieu of a jail sentence. Note: Beat is synonymous with battery in the PC 149 context. This is why you need a skilled assault lawyer who understands the evidence and isnt afraid to ask the hard questions. Note: An officer has the right to use self-defense the same as anyone else. 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. (4) As used in this section: (a) Furthermore, it could mean shoving or even poking an officer. 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. Since this offense is highly complex, it is vital to hire an experienced criminal defense attorney as soon as possible. Attorney Advertising Prior results do not guarantee a similar outcome., Call Us Today For A Free Consultation: (212)-951-1232. My wife and I met under some unconventional circumstances. A woman is facing the more serious . 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. 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. Also, the judge may allow the defendants felony sentence to be split, or suspended (aka joint suspended prison sentence). Law 10.00(13). 2022 The Law Offices of Julie Rendelman, LLC. While there are less gun-related deaths at the hands of police officers, officers are believed to be quick to use violence. Law 120.08. Dallas Wayne Logan is serving a sentence for assault/battery on a police officer and cruelty to animals. For more information, see PC 17(b) Motion to Reduce a Felony to a Misdemeanor. N.Y. We both can't thank him enough for saving our lives and our families! Barton is the only attorney in Michigan certified by the American Chemical Society as a Forensic-Lawyer Scientist. N.Y. (This may not be the same place you live). 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. , Ontario, Victorville, San Bernardino, Yucaipa, Rancho Cucamonga, Chino, Riverside, and more. 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. However, spitting on an officer can turn that sentence into as long . Regardless of which legal definition applies, the assaulter does not actually need to injure another person in order to be charged with criminal assault. In contrast, if you smash a beer bottle and use it as a weapon to jab at police while they are trying to arrest you, then you will be charged with assaulting a police officer or aggravated assault (depending on the state). Even if you have no prior convictions, then the minimum prison sentence you will receive is 3 1/2 years. LegalMatch, Market 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. Additionally, the kind of injury that is caused can also be used as a defence. We are still married and got our ways straightened away. Potential Sentence. 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. Property Law, Personal Injury Assault and battery on a police officer is considered a misdemeanor offense in the state of Massachusetts. And a serious physical injury must have grave health consequences or create a risk of death. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law 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. Because police officers have dangerous jobs and are charged with protecting the public, prosecutors will aggressively seek to charge and convict anyone accused of injuring a police officer while the officer is trying to do his or her job. While any type of assault is a serious crime, law enforcement considers assaulting a police officer as a particularly egregious offense. 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. However, there is a misdemeanor charge related to Assaulting the Police and it is found under the Third Degree Assault statute. 16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases, Can't find your category? 3. This website may constitute attorney advertising. 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. 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. 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. 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. California law treats peace officer safety as a top priority. Assault police, depending on the seriousness of the assault, is an offence that may in some . The penalties for assault and battery vary depending on the circumstances of the case. If you violate any of the terms of your post-release supervision you will receive a revocation hearing. You will likely also need to follow a strict schedule of attending school or work, keeping to a curfew, and reporting to your parole officer. Some potential penalties that a convicted defendant may receive include a jail or prison sentence, parole, probation, community service, criminal fines, and/or restitution. Injury and Serious Injury 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. 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). 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. 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. 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. 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