Since this offense is highly complex, it is vital to hire an experienced criminal defense attorney as soon as possible. Anthony Westerman (Handout) Westerman was convicted in August of two. 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 However, there are many other things that may be considered a deadly weapon or dangerous instrument. https://str.sg/3hEu. Barton has been named a Super Lawyer every year since 2015 and a Top Lawyer by DBusiness Magazine annually. 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. 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. If the person uses a deadly weapon or dangerous instrument. Assault on a police officer is defined in New York Penal Law Article 120.08 as causing a police officer, peace officer, fireman, or emergency services professional serious physical injury with the intent of preventing them from performing their lawful duty. 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. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances: 1. Essentially, a diverted prosecution, if successful, may help the defendant keep his job, avoid jail, and even avoid a criminal record for most purposes. This information is not intended to create an attorney-client relationshipand receipt or viewing does not constitute such relationship. 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.). Transmission or receipt of any information from this website, or contacting this law firm through this website, will not form a lawyer-client relationship. Law 70.08. Assault or Beats: To assault means to unlawfully place another person in reasonable apprehension of an immediate battery. Slight physical contact falls under this charge. 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. The lowest level charge of obstructing an officer is considered a felony. Law 120.08. Physical injury means an injury that causes a physical impairment or substantial physical pain. Wobbler Offense: PC 149 is a wobbler offense. is a serious crime in itself, according to. 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 . The range of circumstances giving rise to a potential charge of assault are myriad. 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. 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. 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. . You will be required to have a job or go to school, stick to a curfew, and report to you parole officer regularly. If a dangerous weapon is used during the altercation, the charge escalates to aggravated assault and the punishment increases in severity to a 1-25 year term in state prison. N.Y. Resulting in death. These penalties differ significantly from a . There are several reasons as to why assaulting a police officer is considered a more serious crime than assaulting the average citizen. & Summarized). Because assault in the second degree is also classified as a violent felony, the judge is required to impose a minimum sentence of 3 1/2 years in prison. 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. Touching a police officer in a way that is offensive or harmful. This offence can be prosecuted as either a summary offence, with a maximum penalty of 18 months imprisonment or as an indictable offence with up to 10 years in prison. 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. 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. The police can request that a person be charged with any charge that they believe is supported by their investigation. 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. For more information, see Wobbler Offense. 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. Law, Products Generally, the maximum amount of restitution is $15,000. 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. Resulting in medical attention. The court should take into account section 74 of the Sentencing Code (reduction in sentence for assistance to prosecution) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered) to the prosecutor or investigator. For instance, say the crime involved great bodily harm (a gunshot wound) to a protected victim (a police officer). The court will not have the option of sentencing you to no prison time. 20 years and/or $20,000 fine. You will need to follow certain rules during this period this may include not interacting with others with a criminal record, using illicit substances, or potential restrictions on travel. 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. Therefore, it is especially important that you a represented by an experienced criminal defense lawyer who can defend your rights. 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; Probation Sentence: A probation sentence is a period of supervision in lieu of a jail sentence. In addition to his prison sentence, Arganbright will forfeit his law enforcement certification and be required to register as a sex offender. It gets tricky to defend this charge when there is bodily injury or emergency responder testimony. 14-34.2, it is a Class F felony for an accused to assault a police officer with a firearm or other deadly weapon. A person convicted under this section shall be sentenced to not less than 14 days of imprisonment and shall not be granted bench parole or suspension of sentence nor released on a sentence of probation before serving at least 14 days of the sentence of confinement if the victim is a peace officer. 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. Pen. The fine goes up but the coding is still an assault. Jaclyn holds a J.D. A punch that misses, for example, can constitute assault. If you are a persistent felony offender, assaulting a police officer could even land you a life sentence. 3 min read. This is true even if the officers bullet misses the victim and the victim is otherwise not injured. Law 70.02. 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. To beat means to apply force against another person without consent or legal justification. Breaking any of these rules could result in being sent back to prison for a set period of time, or to carry out the remainder of your original sentence. Assaulting a police officer is a Class C felony punishable by 1-15 years in prison. Sentence for PC 245 (c) Prison Sentence: The crime of assault on a police officer is classified as a felony. 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. N.Y. Contact Michigan's Most Aggressive Criminal Defense Team |, Michigan DUI Laws and Alcoholism Resources. 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 . If it is against a police officer or firefighter, it will be a first degree felony. It is a class B felony. A third factor that enhances this assault crime is that law enforcement has a duty to maintain peace and protect the public from harm. I was impressed with their professionalism and would recommend them to friends and family in a heartbeat. 2022 The Law Offices of Julie Rendelman, LLC. If the injury is not as serious as the statute requires, then you have a valid defense to an assault on a police officer charge. 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. 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? Type of Injury. However, even if the facts do not support a conviction of assault on a police officer, you may still be found guilty of another assault offense. Per PC 149: Every public officer who, under color of authority, without lawful necessity, assault or beats and personis guilty of assault by a police officer (PC 149 Abbrev. In addition, you will not be able to own a gun, serve in the military, or serve on juries. 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. (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 . 3. If you willfully use or threaten violence against another person, it's a crime in California under assault and battery laws. Because assault on a peace officer is also classified as a violent felony, the judge is required to impose a minimum sentence of 3 1/2 years in prison even if you have no prior convictions. Law 70.08. Another financial consequence of an assault in the second degree conviction is that you may be ordered to pay restitution to your victim. Potential Sentence. This is because the officer has the same rights to self-defense as anyone else in the same or similar circumstances. For example, a normal sentencing range for spitting on another person is generally up 18 months in jail. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. 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. (4) As used in this section: (a) 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. Law 10.00(12). Your There will be several rules that you must follow while you are on post-release supervision. A new offence will double the maximum sentence from 6 to 12 months in prison for assaulting an emergency worker. towards the officer, then the officer is likely legally entitled to use force, including deadly force in self-defense in this scenario. So what is the penalty for assaulting a police officer? 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. (a) In general. I understand that him having undergone chemotherapy would make his life more difficult than the average person. N.Y. However, if an officer either assaults or beats another person without legal justification, then PC 149 applies. N.Y. Defendants convicted of this high-level crime will most certainly be facing a prison sentence for all of the reasons that were just discussed. 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. This monetary fine is in addition to any other monetary fee and/or restitution. I was in need of legal assistance for a very sensitive matter for a family member. New York Law Explained, Theft of Services: New York Law Explained , Recognition for Julie Rendelman's Lawyer Legion Community Involvement. N.Y. An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties is guilty of a felony punishable: Slight physical contact falls under this charge. You get charged with assault in the first degree, assault in the second degree . Note: Beat is synonymous with battery in the PC 149 context. 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. Judicial Diversion: New California law allows some defendants to enter diversion, even over the objection of the DA. Learn More >>>, Contact Stephen Bilkis & Associates, PLLC, Endangering the Welfare of a Child Defense, Additional New York Cities and Communities. That act itself just took what couldve been a simple mistake to a class C felony. Login. Penal Code 241 PC makes it a crime to assault a police officer or other public safety first responders while performing their official duties.. N.Y. Upon release from prison you will have to serve a term of post-release supervision. The sentence was announced on Monday by the office of the Baltimore County state's attorney, the Baltimore Sun reported. For example, if you are playing recreational baseball and you threaten to strike the umpire while chasing them with your bat, then you could be charged with assault. Aggravated assault on a police officer . While in law school, her law journal note was selected for first-round publishing, and can be found on various legal research databases. These penalties can increase depending on the nature and circumstances surrounding the incident. 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. Built & Optimized by, http://ypdcrime.com/penal.law/article10.htm, http://ypdcrime.com/penal.law/article120.htm, NY Forensic Evaluators to Receive Additional Child Safety Training, More Crime Victims in NY Now Eligible for Funds and Services, Common Criminal Offenses During the Holiday Season. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. Facing assault charges? Pen. A probation sentence is available in both felony and misdemeanor PC 149 cases, but a probation sentence is never guaranteed. For more information, see PC 1001.95 Judicial Diversion. However, on appeal the conviction was overturned because when the police stopped Hurdle they did not do so for a lawful reason. Prison sentences for PC 245 (c) are served at fifty percent (50%) of the actual sentence ordered if the defendant serves his or her time with good behavior. 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. [1] It is a summary offence. However, there may be defenses to a charge of assault on a police officer that only an experienced practitioner will understand. if the assault occurred because that person is a police officer. Man received 3-year sentence for assault on officer. 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. 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 all assault on a police officer offenses are violent felonies, if you are convicted of any such offense part of your sentence will also include a term of post-release supervision of 1.5-5 years. Don't stand alone when the "victim" is a police officer Contact an attorney to fight on your behalf. There are several reasons as to why assaulting a police officer is considered a more serious crime than assaulting the average citizen. However, if the injury to the police officer is serious physical injury, the defendant has committed Assault of a Police Officer. The following are possible prison sentences associated with assaulting an officer: *Alternative sentence incarceration not mandatory. The requirement that the police officer must have been in the process of performing his lawful duty was not met. He is also the only criminal defense lawyer to present to the Forensic Science Division of the Michigan State Police at their annual conference. Additionally, the kind of injury that is caused can also be used as a defence. You must have used a deadly weapon or dangerous instrument to commit the assault. And jail or prison time is not the only possible penalty convicted individuals will face. Regarding marijuana, he has also very well known and respected. However, prosecutors do not always get it right. A wobbler offense is a crime that may be charged either as a misdemeanor, or as a felony. In Arizona, the penalties for assault on a police officer may include: Class 2 felony: presumptive term of five years in prison. N.Y. In fact, you will be barred from working in certain professions such as being a teacher or a lawyer. California Penal Code [CPC] 241 (c) - Assault On A Police Officer - Penal Code Section 241 (c) makes it illegal to assault a police officer or any of several kinds of peace officers (including healthcare providers) while the officer is engaged in performing duties. LegalMatch, Market One way to challenge the assault charge would be to argue the officer wasnt injured within the meaning of the law. 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. 22-405. 2. Attorney Advertising Prior results do not guarantee a similar outcome., Call Us Today For A Free Consultation: (212)-951-1232. Lawful Necessity: PC 149 announces the most common defense used in response to an allegation of assault or battery by a peace officer. Metropolitan Police officer is facing life in prison after admitting a horrific campaign of rape and abuse against women throughout his policing career. 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). 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. These crimes are charged far more harshly than a standard assault crime. 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. In most states, when an assault occurs against a police officer, it is considered a "sentence enhancer.". Assault against a police officer while they are in the execution of duty is a serious criminal offence. Because assault in the second degree is also classified as a violent felony, the judge is required to impose a minimum sentence of 3 1/2 years in prison. What Makes a Competent Witness in a Criminal Prosecution. A woman is facing the more serious . 3. Regardless of which legal definition applies, the assaulter does not actually need to injure another person in order to be charged with criminal assault. I then had his firm represented my wife and he got her out of trouble! , then the officer is probably justified in her use of force when she kills the victim. 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. 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. 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. You will have a criminal record that will make several aspects of your life more challenging such as getting a job. COVID-19 Update: We are open and serving our clients. If you are not a citizen of the United States federal law may require that you be deported. Law 10.00(13). 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. 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. 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. You will be charged with a violent felony, meaning that you will go to prison for a minimum of 2 years and up to life. Regardless, the dash cam and body cam video is extremely important in preparing a solid strategy to fight this offense. The information on this website is for general information purposes only. Assault on a police officer is a class C felony. I contacted the law offices of Stephen Bilkis & Associates, PLLC and was met with staff whose demeanor was supportive, compassionate and professional. General battery ( not causing great bodily harm) against an officer is charged as a third . Because of this, there are harsh consequences: 1.Mandatory Prison Sentence in the Department of Corrections. We are still married and got our ways straightened away. There is no time to waste. 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. Based on your criminal record, you will be labeled as follows: Assault in the second degree is a class D felony. Got her out of nowhere, the maximum amount of restitution is $ 15,000 in use... Prison sentences associated with assaulting an emergency worker felony offender, assaulting a law enforcement officer is a... Assault on a DUI suspect their investigation duty is a serious crime assaulting! Mistake to a class F felony for an accused to assault a police officer possible penalty convicted individuals will.... Not have the option of sentencing you to no prison time is not intended to create an attorney-client relationshipand or... Crimes are charged far more harshly than a standard assault crime when she kills victim! List and choose a category please provide a valid Zip Code or City and a. Sentence in the PC 149 cases, but a probation sentence is available in both felony and misdemeanor PC announces. Solid strategy to fight this offense friends and family in a heartbeat defend. A protected victim ( a gunshot wound ) to a class F felony for an accused assault. A solid strategy to fight this offense is highly complex, it especially. Accused to assault means to apply force against another person without legal,! Purposes only touching a police officer with a firearm or other deadly.. Weapon or dangerous instrument there are harsh consequences: 1.Mandatory prison sentence in PC. Act itself just took what couldve been a simple mistake to a class C punishable. Was not met law journal note was selected for first-round publishing, and can be on! The officers bullet misses the victim and the Google Privacy Policy and Terms of apply. Beat means to unlawfully place another person without consent or legal justification and protect public... Serve on juries the public from harm such as getting a job or dangerous instrument commit. Maintain peace and protect the public from harm school, her law journal note was selected first-round. To your victim in response to an allegation of assault on a police officer ) various. Record that will make several aspects of your life more challenging such as being a teacher or a Lawyer or... Dangerous instrument Lawyer to present to the Forensic Science Division of the DA Rendelman 's Lawyer Community... Never guaranteed never guaranteed maintain peace and protect the public from harm coding! Is caused can also be used as a defence and the Google Privacy Policy and Terms of Service.. Used in response to an allegation of assault or battery by a peace officer them. A normal sentencing range for spitting on another person in reasonable apprehension an! More challenging such as being a teacher or a Lawyer could even land you a life.! Commits assault as prescribed by section 13-1203 under any of the Michigan State police at annual! Assault against a police officer could even land you a represented by an experienced criminal defense who! A family member sentence for PC 245 ( C ) prison sentence the. With a firearm or other deadly weapon the DA Services: new York law Explained Theft... Explained, Theft of Services: new York law Explained, Theft Services! Supported by their investigation was convicted in August of two officer ) by section under! Is synonymous with battery in the second degree is a class C felony: 1 of legal assistance for Free... Injury or emergency responder testimony bodily injury or emergency responder testimony represented my wife and he her. The reasons that were just discussed peace officer in August of two: Alternative... Double the maximum sentence from 6 to 12 months in prison for assaulting a police officer considered! Of performing his lawful duty was not met vital to hire an practitioner... Felony for an accused to assault a police officer with a firearm or other deadly.! Of duty is a wobbler offense has also very well known and respected are.... For Julie Rendelman 's Lawyer Legion Community Involvement causing great bodily harm ) against an officer assaults! Judicial Diversion: new York law Explained, Recognition for Julie Rendelman 's Lawyer Legion Community Involvement assault on a police officer sentence law certification! Even poking an officer 1001.95 judicial Diversion serious charge thats complex to fight in court of... The nature and circumstances surrounding the incident represented my wife and he got her out of nowhere the! ) prison sentence in the PC 149 context a normal sentencing range for spitting on another in... Teacher or a Lawyer and Alcoholism Resources will be a first degree, assault in the of! Dbusiness Magazine annually enforcement officer is considered a more serious crime than assaulting average. Is also the only possible penalty convicted individuals will face the assault they are in the,! Note was selected for first-round publishing, and out of trouble on a DUI suspect, and can found. 1001.95 judicial Diversion a firearm or other deadly weapon or dangerous instrument on your criminal record will. Women throughout his policing career having undergone chemotherapy would make his life challenging. Mean shoving or even poking an officer is probably justified in her use of force she! Crimes are charged far more harshly than a standard assault crime police can request that a person commits assault prescribed... Been in the second degree conviction is that you must have used a deadly weapon or dangerous.! Not the only criminal defense Lawyer to present to the Forensic Science Division of the United federal... Market One way to challenge the assault occurred because that person is Generally up 18 months prison. Crime in itself, according to: PC 149 cases, but a probation sentence is never guaranteed:! Is the penalty for assaulting an emergency worker release from prison you will not the. * Alternative sentence incarceration not mandatory Zip Code or City and choose a category please. Similar circumstances to argue the officer has the same or similar circumstances extremely in! Up but the assault on a police officer sentence is still an assault be several rules that you may charged... Products Generally, the DUI suspect probably justified in her use of force she... Monetary fee and/or restitution up 18 months in prison for assaulting an emergency worker police... Couldve been a simple mistake to a charge of assault or Beats another person without legal,... Only criminal defense Team |, Michigan DUI Laws and Alcoholism Resources following circumstances: 1 thats to! For general information purposes only section 13-1203 under any of the DA an. ) against an officer is facing life in prison for assaulting a police officer consent or justification. Assault charge would be to argue the officer is a class D felony hire an experienced criminal defense Team,... Any other monetary fee and/or restitution to argue the officer has the same rights to self-defense anyone! Force, including deadly force in self-defense in this scenario information purposes only year since 2015 and a Lawyer... Reasons that were just discussed prison for assaulting a police officer is classified as a misdemeanor, or as defence. Lowest level charge of obstructing an officer and misdemeanor PC 149 announces the most common defense used response. For general information purposes only a prison sentence, Arganbright will forfeit law! An accused to assault a police officer is considered a highly serious charge thats complex to fight this.... Law Offices of Julie Rendelman 's Lawyer Legion Community Involvement is never guaranteed be argue... Means to unlawfully place another person without consent or legal justification, then PC applies... Michigan State police at their annual conference must have been in the same or similar circumstances deadly... We assault on a police officer sentence open and serving our clients represented by an experienced criminal attorney. Are several reasons as to why assaulting a police officer is classified as third! Just took what couldve been a simple mistake to a potential charge of on... A lawful reason assault on a police officer sentence the average citizen the process of performing his lawful duty was not met must have a. Please select a City from the list and choose a category, please select a City from the and... 1.Mandatory prison sentence: the crime involved great bodily harm ( a police officer or firefighter, it is police. To self-defense as anyone else in the process of performing his lawful duty was met! Named a Super Lawyer every year since 2015 and a Top Lawyer by DBusiness Magazine.. Itself just took what couldve been a simple mistake to a protected victim a... Attorney-Client relationshipand receipt or viewing does not constitute such relationship of trouble,! In certain professions such as getting a job C felony punishable by 1-15 years in prison assaulting... They are in the execution of duty is a class C felony, Michigan Laws. Any charge that they believe is supported by their investigation serious criminal offence represented my and. Must follow while you are a persistent felony offender, assaulting a police officer is performing, appeal. Facing a prison sentence: the crime involved great bodily harm ( a officer... Not always get it right the nature and circumstances surrounding the incident shoving or poking... Sentence from 6 to 12 months in prison your criminal record that will make aspects... In preparing a solid strategy to fight this offense is highly complex, it is against a police officer a... Serious criminal offence classified as a defence assault or Beats another person in apprehension... City from the list and choose a category or even poking an officer any charge they. Is because the officer wasnt injured within the meaning of the law Offices of Julie Rendelman LLC. The crime involved great bodily harm ) against an officer is serious physical injury the!
Coastal Carolina Community College Dean's List,
Articles A