Punishment for Assault of a Police Officer The following are possible prison sentences associated with assaulting an officer: *Alternative sentence - incarceration not mandatory These sentences can be higher based on a defendant's criminal history. 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. 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. The offence of Assaulting police carries a maximum penalty of 2 years imprisonment in the Local Court and 5 years imprisonment in the District Court. Your sentence will be determinate, meaning that it will be a set period of years and not a range of years. Being convicted of assault also can have substantial financial consequences as you will likely be required to pay a fine, fees and restitution. Aggravated assault of a police officer is an indictable felony crime that will be handled in the County Superior Court. 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. The police can request that a person be charged with any charge that they believe is supported by their investigation. 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. 3 min read. 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 My wife and I met under some unconventional circumstances. Also, note that fines may be added to any prison sentence under Pennsylvania state law. Generally, the maximum amount of restitution is $15,000. Assault or Beats: To "assault" means to unlawfully place another person in reasonable apprehension of an immediate battery.To "beat" means to apply force against another person without consent or legal justification.The terms "assault" and "beat" in the legal definition of Penal Code 149 are not synonymous. if the assault occurred because that person is a police officer. 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. 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. 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. is a serious crime in itself, according to. I contacted Stephen Bilkis' office for an issue regarding a family member and I could not be happier with the results. Pen. Since this offense is highly complex, it is vital to hire an experienced criminal defense attorney as soon as possible. Law, Products 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. 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. Contact Michigan's Most Aggressive Criminal Defense Team |, Michigan DUI Laws and Alcoholism Resources. The contact form sends information by non-encrypted email, which is not secure. So long as they convince the victim that they are about to be injured by some type of violent act that is more serious than a verbal threat, their actions will most likely qualify as an assault. , then the officer is probably justified in her use of force when she kills the victim. While doing their job, they can become injured sometimes because of the actions of those they are trying to arrest. COVID-19 Update: We are open and serving our clients. N.Y. Therefore, it is especially important that you a represented by an experienced criminal defense lawyer who can defend your rights. On conviction of assaulting a police officer contrary to section 89 of the Police Act 1996, the defendant faces a sentence of up to 6 months' imprisonment and/or a fine of up to 5,000. 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. Pen. Class 5 felony: presumptive term of two years in prison. Anthony Westerman (Handout) Westerman was convicted in August of two. Defendants convicted of this high-level crime will most certainly be facing a prison sentence for all of the reasons that were just discussed. 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. Many times the charges are not founded in objective facts but rather in the subjective investigation of the police. After several years of working for both criminal defense and entertainment law firms, she enrolled in law school. According to Texas law, Texas Penal Code Ann. 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. Call today! Finally, while the crime of assaulting a police officer shares many of the same elements as simple assault, the fact that it is committed against a law officer enhances the degree of the crime (similar to aggravating factors). (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 . Assault against a police officer while they are in the execution of duty is a serious criminal offence. Assault on a police officer. If the person uses a deadly weapon or dangerous instrument. For assault on a police officer or aggravated assault upon a police officer the injury must be serious- presenting a substantial risk of death. Deliberately threatening another person with imminent physical harm "Intentionally, knowingly, or recklessly" causing physical harm or injury to another person Using physical contact on a person that is knowingly offensive or provocative what is the penalty for assaulting a police officer? This offense is a class C violent felony. Pen. Law, Immigration (a) In general. Prior to joining LegalMatch, Jaclyn was a paralegal and freelance writer. The sentence was announced on Monday by the office of the Baltimore County state's attorney, the Baltimore Sun reported. Class 3 felony: presumptive term of three years & six months in prison. If the victim was over the age of 65 the range is 5-20 years. And it is a class B violent felony. Rather, they will help navigate the court process and prepare a foolproof defense to fight this charge. Submit your case to start resolving your legal issue. Law 10.00(9) . 22.01, assault covers three different types of actions. You will have to let you parole officer know if you change address and get permission to leave the state. or release under any conditions until the sentence is served as ordered by the presiding judge . 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. If you violate any of the terms of your post-release supervision you will receive a revocation hearing. To beat means to apply force against another person without consent or legal justification. A wobbler offense is a crime that may be charged either as a misdemeanor, or as a felony. Assault on member of police force, campus or university special police, or fire department. The court will not have the option of sentencing you to no prison time. Tell us about your legal situation. 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. In Arizona, the penalties for assault on a police officer may include: Class 2 felony: presumptive term of five years in prison. A vehicle is one example of a dangerous instrument. This is because the officer has the same rights to self-defense as anyone else in the same or similar circumstances. Assaulting, resisting, or impeding certain officers or employees. Part of your sentence will also include a term of post-release supervision. Assaulting a peace officer 270 (1) Every one commits an offence who (a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer; (b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or (c) assaults a person A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances: 1. I understand that him having undergone chemotherapy would make his life more difficult than the average person. New York Assault on a Police Officer Lawyer. There are 3 different assault charges related to assaulting a police officer. Don't stand alone when the "victim" is a police officer Contact an attorney to fight on your behalf. 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. 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. Law 70.08. By law, a physical injury must cause some impairment or substantial pain. 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 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. I was in need of legal assistance for a very sensitive matter for a family member. For a felony assault on a police officer conviction in addition to being sentenced to prison you may also be required to pay a fine of up to $5,000. With a law enforcement agent, it's 10 years and a $5,000 fine. PC 149: Assault or Beat by a Police Officer: Excessive Use of Force. However, if you cannot pay the judge may adjust the payment terms, lower the amount you must pay, or revoke the part of the sentencing requiring you to pay. 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. The attorneys at the Law Offices of Stephen Bilkis & Associates have decades of experience representing clients who have been charged with assault and other serious crimes such as domestic violence, DWI, grand larceny, and sex crimes. Law 70.08. 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. Furthermore, you will be required to pay certain fees including a fee that is called a "mandatory surcharge" of $300 as well as a victim assistance fee of $25. 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 . Resulting in medical attention. 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. 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. Copyright 1999-2023 LegalMatch. This new California Judicial Diversion Law is found at PC 1001.95. The maximum possible sentence is 15 years in prison and a $5,000 file. In addition, your lawyer can go over criminal defense strategies with you and will be able to explain important details, such as why entering a plea deal (as opposed to going to court) may be a better option for you. 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. This website may constitute attorney advertising. However, if the injury to the police officer is serious physical injury, the defendant has committed Assault of a Police Officer. 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. 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. from Fordham University, majoring in both Journalism and the Classics (Latin). Aggravated assault upon a police officer is a class B felony. Law 10.00(12). Law 70.02. Present 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. Judge Richard Twomlow said that while defendants who sexually assault police officers would normally receive a "significant and immediate" custodial sentence, he accepted there were "great difficulties" in Holland's life. 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. Some cases can often result in light sentences, but Italian penal code dictates that the aggravated assault charge is punishable by a 3-10 year sentence, with no more than a 5 year sentence for acts deemed "unintentional." N.Y. The maximum penalty that can be imposed for a single count of assault in the Magistrates Court is two years imprisonment. If you do not pay a fine, fee or restitution, you may be charged with a misdemeanor and sent to prison for up to a year, your wages may be garnished or the state of New York may obtain a judgment against you. Assault police, depending on the seriousness of the assault, is an offence that may in some . 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. If your status is that of a non-violent predicate offender the court will sentence you to at least 5 years for an assault in the second degree conviction, while if you are a violent predicate offender, you will be sentenced to at least 7 years in prison. This is known as a county prison sentence. What Makes a Competent Witness in a Criminal Prosecution. A dangerous instrument is defined as anything that is capable of causing death or serious injury. Nothing on this site should be taken as legal advice for any individual case or situation. 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. These penalties can increase depending on the nature and circumstances surrounding the incident. Maximum Penalties in Michigan. 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. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. ( Handout ) Westerman was convicted in August of two Most Aggressive criminal defense Team,. Criminal offence in itself, according to a paralegal and freelance writer need of legal assistance a. 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