assault on a police officer sentence

Whether the court send you to prison will depend on a number of factors such as the seriousness of the injury, your previous record and the circumstances surrounding the incident. 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. Aggravated battery is punishable by 1-20 years in prison. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. 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 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. 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. If the person uses a deadly weapon or dangerous instrument. If you are convicted you will be incarcerated for multiple years, have to pay fines and have a criminal record. For one, police officers are vested with the power of enforcing the law. Essentially, a diverted prosecution, if successful, may help the defendant keep his job, avoid jail, and even avoid a criminal record for most purposes. Facing assault charges? 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. 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. Note: Beat is synonymous with battery in the PC 149 context. If you are not a citizen of the United States federal law may require that you be deported. There are several reasons as to why assaulting a police officer is considered a more serious crime than assaulting the average citizen. A wobbler offense is a crime that may be charged either as a misdemeanor, or as a felony. Many times the charges are not founded in objective facts but rather in the subjective investigation of the police. In fact, you will be barred from working in certain professions such as being a teacher or a lawyer. I was impressed with their professionalism and would recommend them to friends and family in a heartbeat. Law 70.02. 2. 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. General battery ( not causing great bodily harm) against an officer is charged as a third . 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. Generally speaking, if they are charged and convicted of committing a Class A violent felony, then they could be facing a prison sentence of up to 20 or 25 years, to life. 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 Law, Products For example, in People v. Hurdle, 965 N.Y.S.2d 626 (2013), defendant Walter Hurdle was convicted of assault on a police officer based on having intentionally hit a police officer with an SUV, causing the police officer to suffer severe injuries. Aggravated assault upon a police officer or a peace officer. My wife and I met under some unconventional circumstances. You would have committed this offense if you intentionally seriously injure a police officer who was attempting to perform his official duties. Present 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. That means the police has broad discretion in seeking charges. 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. Any kind of assault against a police officer is considered a violent felony, with probation not being an option, and it can land you in prison from two years to a life sentence. Law 70.45. Assault on a police officer is a class C felony. And it is a class B violent felony. Law, Government However, prosecutors do not always get it right. 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. Curtis Arganbright, 43, a former Westminster Police Department (WPD) officer, was sentenced today in federal court in Denver, Colorado, to 72 months in prison and three years supervised release. Therefore, if you have been charged with assaulting a police officer, you should contact a local criminal lawyer as soon as possible. However, the court may increase the amount to more than $15,000 to cover the amount of the victim's medical expenses. A third factor that enhances this assault crime is that law enforcement has a duty to maintain peace and protect the public from harm. If convicted, the alleged assailant can face anywhere between two to 10 years in prison and fines as high as $10,000. Any information on this website is provided for informational use only and shall not be considered legal advice or the opinion of this law firm or any of its attorneys. N.Y. Whoever commits an assault and battery upon a police officer when such officer is engaged in the performance of the officer's duties at the time of such assault and battery and who by such assault and battery causes serious bodily injury to the officer shall be punished by a term of imprisonment in the state prison for not less than 1 year . We both can't thank him enough for saving our lives and our families! Let our top rated Criminal Defense & DUI team review your case. In addition, you will not be able to own a gun, serve in the military, or serve on juries. Law 120.08. Did Because an assault on an officer is viewed as a felony in Texas, it carries more serious penalties and jail time. 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. Pen. 22.01, assault covers three different types of actions. 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. If the defendant has a mental or physical disability. Therefore, a conviction will result in a much harsher penalty. Dallas Wayne Logan is serving a sentence for assault/battery on a police officer and cruelty to animals. 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. Offences Against the Person. A former Baltimore Police officer previously sentenced to 60 days of incarceration for failing to stop an assault will not have to serve any time behind . 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. 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. The lowest level charge of obstructing an officer is considered a felony. Anyone found guilty of the offence of assault by beating can receive a sentence of up to 26 weeks' custody, a fine, or a community order. You will have a criminal record that will make several aspects of your life more challenging such as getting a job. Barton was also the only chosen criminal defense attorney to present to the Michigan State Polices Impaired Driving Commission on the issues of driving under the influence of marijuana. 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. 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. If you willfully use or threaten violence against another person, it's a crime in California under assault and battery laws. from Fordham University, majoring in both Journalism and the Classics (Latin). Class 3 felony: presumptive term of three years & six months in prison. Law 10.00(9) . 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. Some potential penalties that a convicted defendant may receive include a jail or prison sentence, parole, probation, community service, criminal fines, and/or restitution. 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. 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. According to Texas law, Texas Penal Code Ann. While any type of assault is a serious crime, law enforcement considers assaulting a police officer as a particularly egregious offense. 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. N.Y. In order to determine the amount of assault on a police officer jail time that the defendant may receive, they should review the laws in their jurisdiction and compare it with the facts of their case. N.Y. Let Julie Rendelman help resolve your legal issue. You will also not be able to receive certain government benefits such as welfare or federally funded housing. To beat means to apply force against another person without consent or legal justification. 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. 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 . 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. Both physical injury and serious physical injury require more than just a slight bump or bruise. However, the penalties severely increase if injury is inflicted. The terms assault and beat in the legal definition of Penal Code 149 are not synonymous. Barton played an instrumental role in the legalization of adult use marijuana in Michigan with the successful Campaign to Regulate Marijuana Like Alcohol in November of 2018 (he was also part of the failed campaign in 2016). Pen. Pen. 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 . For example, if the officer shoots to kill a person who is actively committing a murder, then the officer is probably justified in her use of force when she kills the victim. Furthermore, it could mean shoving or even poking an officer. Pen. As previously implied, the lawful element of the definition means that any police officer assaulted must have been prevented from performing their duties. A woman is facing the more serious . A dangerous instrument is defined as anything that is capable of causing death or serious injury. 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; He consistently achieves exceptional . Given the serious nature of this offense, in most cases, a convicted defendant should expect to serve some amount of time in a county jail or state prison. Because of this, there are harsh consequences: 1.Mandatory Prison Sentence in the Department of Corrections. 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. There will be several rules that you must follow while you are on post-release supervision. Class 5 felony: presumptive term of two years in prison. 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. It is a class D felony. An experienced criminal lawyer can inform you of your legal rights and can make sure that those rights are protected. For a second degree assault charge based on assaulting a police officer the injury must cause the victim substantial pain or physical impairment. After I had some legal problems, Mr Bilkis and his firm continually got me out of trouble. Law 120.05. . This offense is a class C violent felony. Copyright 1999-2023 LegalMatch. is considered a highly serious charge thats complex to fight in court. Click here. For instance, say the crime involved great bodily harm (a gunshot wound) to a protected victim (a police officer). Law 70.02. The range of circumstances giving rise to a potential charge of assault are myriad. Police officers protect our communities. For one, police officers are vested with the power of enforcing the law. If it is against a police officer or firefighter, it will be a first degree felony. If an individual inflicts injuries causing death to the officer, the individual is guilty of a felony punishable: Police officers are not the only ones who fall under a person performing duty. According to this statute, this includes the following: The most common altercation that results in assaulting an officer charge is when someone is pulled over for drunk driving or reckless driving and doesnt comply with the officers commands. 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). You will be required to have a job or go to school, stick to a curfew, and report to you parole officer regularly. If your status is that of a non-violent predicate offender, then the court will sentence you to at least 8 years, while if you are a violent predicate offender, you will be sentenced to at least 10 years in prison. Submit your case to start resolving your legal issue. For more information, see Wobbler Offense. So what is the penalty for assaulting a police officer? That act itself just took what couldve been a simple mistake to a class C felony. The maximum sentence for assault in the second degree is seven years, with a minimum of two years in prison as it is considered a violent felony. Aggravated assault of a police officer is an indictable felony crime that will be handled in the County Superior Court. If you are released you will have to serve a term of post-release supervision. 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. 18 USCS 111. What different types of assaulting a police officer charges are there? Assault on member of police force, campus or university special police, or fire department. N.Y. & Summarized). New York Assault on a Police Officer Lawyer. 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. 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. 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. I contacted the law offices of Stephen Bilkis & Associates, PLLC and was met with staff whose demeanor was supportive, compassionate and professional. Law 60.35. If youve been arrested for assaulting an officer, contact a criminal defense attorney right away. The government takes Second Degree Assault on a police officer extremely seriously. This new California Judicial Diversion Law is found at PC 1001.95. There are 3 different assault charges related to assaulting a police officer. The bottom-line is you are alleged with assaulting an officer. I was in need of legal assistance for a very sensitive matter for a family member. PC 647.6(a)(1), 288(a), & 261.5(c) Defense, 2023 Copyright by Dorado & Dorado, APLC, PC 149: Assault by a Police Officer: Law, Sentence, & Defense, Every public officer who, under color of authority, without lawful necessity, assault or beats and personis guilty of assault by a police officer, For example, an officer assaults a victim when she shoots at a person without legal justification. I understand that him having undergone chemotherapy would make his life more difficult than the average person. The crime of assaulting a police officer is covered under California Penal Code Section 241 (c). Library, Bankruptcy The contact form sends information by non-encrypted email, which is not secure. 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. 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. If a person causes bodily injury requiring medical attention/care to an officer, that person is guilty of a felony punishable: If serious impairment of bodily function is caused, harsher penalties will be given. Some examples of actions that may be considered assaulting a police officer include: Angrily saying something in a way to make an officer fear that you want to inflict bodily injury. These penalties can increase depending on the nature and circumstances surrounding the incident. If the person causes serious physical injury to another. A new offence will double the maximum sentence from 6 to 12 months in prison for assaulting an emergency worker. What Makes a Competent Witness in a Criminal Prosecution. 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. Class 4 felony: presumptive term of two years & six months in prison. He is also regularly interviewed and quoted in the Detroit Free Press, Metro Times and MLive. There are several reasons as to why assaulting a police officer is considered a more serious crime than assaulting the average citizen. While there are less gun-related deaths at the hands of police officers, officers are believed to be quick to use violence. For example, a normal sentencing range for spitting on another person is generally up 18 months in jail. Assaulting a police officer is a Class C felony punishable by 1-15 years in prison. 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. It is a class B felony. Massachusetts Assault and Battery on a Police Officer Lawyer 617-263-6800. Note: A PC 17(b) motion is not a true defense in the sense that the defendant is exonerated, but it does allow the case to proceed as a misdemeanor instead of a felony. The lawyer handling our case had many years of experience and treated us as if we were his own family. Your sentence will be determinate, meaning that it will be a set period of years and not a range of years. 2.Class 3, Class 4 or Class 6 Felony. Penal Code 241 PC makes it a crime to assault a police officer or other public safety first responders while performing their official duties.. State Penalties for Assaulting a Police Officer. You can learn more about Jaclyn here. However, if the injury to the police officer is serious physical injury, the defendant has committed Assault of a Police Officer. This crime is a class D violent felony. Assault or Beats: To assault means to unlawfully place another person in reasonable apprehension of an immediate battery. Rather, they will help navigate the court process and prepare a foolproof defense to fight this charge. By carrying out an assault while an officer is on duty, it can deter them from responding to an emergency for fear of being attacked, can disrupt an ongoing emergency (e.g., the officer is helping someone who is in trouble and then gets attacked by another individual while assisting), and/or can endanger any innocent bystanders. N.Y. 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. 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. Call today! Regardless, the dash cam and body cam video is extremely important in preparing a solid strategy to fight this offense. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. One way to challenge the assault charge would be to argue the officer wasnt injured within the meaning of the law. The actual length of your prison sentence will depend not only on the offense of which you are convicted but also on your prior criminal record. However, spitting on an officer can turn that sentence into as long . 20 years and/or $20,000 fine. I have recommended the firm to friends and family, all of whom were also ecstatic with Mr. Bilkis and all members of his staff. A vehicle is one example of a dangerous instrument. Attorney Neyman's office is based in Boston, and he represents clients throughout Massachusetts. It gets tricky to defend this charge when there is bodily injury or emergency responder testimony. N.Y. Law 10.00(12). PC David Carrick, 48, subjected at least a . In upholding a sentence of four months' imprisonment the Appeal Court observed that the sentencing guideline for the offence of assaulting a police officer in the execution of his duty,. 3. Aggravated assault; classification; definitions. These crimes are charged far more harshly than a standard assault crime. 3 min read. Law 70.02. The maximum possible sentence is 15 years in prison. Pen. Type of Injury. The information on this website is for general information purposes only. 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. Pen. 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. Even if you have no prior convictions then the minimum sentence you will receive is 5 years in prison. Assault in general is 10 years maximum and a $2,500 fine. The law firm makes no warranties, representations, or claims of any kind concerning the information presented on this website. A serious injury is defined as causing death, causing near death, causing impairment of health or protracted disfigurement, or causing the loss of a bodily organ. Because aggravated assault upon a police officer is classified as a violent felony, the judge is required to impose a minimum sentence of 5 years. The police officer had not stopped and questioned the defendant based on lawful police procedure. By law, a physical injury must cause some impairment or substantial pain. I contacted Stephen Bilkis' office for an issue regarding a family member and I could not be happier with the results. Lawful duty. 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. 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. For instance, with regard to assault in the second degree, no prior convictions may result in you receiving the minimum sentence of two years, prior non-violent convictions could result in at least three years, and a history of violent crime could lead to a sentencing of at least five years. Upon release from prison you will have to serve a term of post-release supervision. 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. Assault in the second degree is the least serious assault on a police officer offense. Law 70.08. 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. Police do not always perform their duties according to procedure, resulting in an innocuous situation becoming violent. The police can request that a person be charged with any charge that they believe is supported by their investigation. 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. A person who strikes, touches, moves or applies force to a police officer (either directly or indirectly) can be charged with Assaulting Police. (4) As used in this section: (a) He regularly appears as a guest legal commentator on Fox 2, Let it Rip, WXYZ, NPR, and WWJ. 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. To own a gun, serve in the military, or serve on juries rise to a class C.! Handled in the Department of Corrections welfare or federally funded housing serious crime, law enforcement has a duty maintain. Officer ) crime of assaulting a police officer, contact a criminal Prosecution defendant based on lawful police.... 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No prior convictions then the minimum sentence you will have to serve a term of two years amp!