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. On the other hand, if the officer shoots to kill a suspect who fails to stop at a DUI checkpoint, and the officer has no other reason than the failure to stop as to why she shoots the victim, then the officer is likely guilty of PC 149 (at a minimum). 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. While in law school, her law journal note was selected for first-round publishing, and can be found on various legal research databases. N.Y. 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). 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. A punch that misses, for example, can constitute assault. N.Y. This information is not intended to create an attorney-client relationshipand receipt or viewing does not constitute such relationship. That act itself just took what couldve been a simple mistake to a class C felony. Library, Bankruptcy 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. N.Y. Law 70.08. Login. I contacted the law offices of Stephen Bilkis & Associates, PLLC and was met with staff whose demeanor was supportive, compassionate and professional. Misdemeanor PC 149: When assault or battery by a police officer is charged as a misdemeanor, the defendant may face up to one year in the county jail [PC149-M]. 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. This is true even if the officers bullet misses the victim and the victim is otherwise not injured. If you or a loved one is charged with assault or battery by an officer (Penal Code 149), contact our criminal defense lawyers today for a free consultation. The court will not have the option of sentencing you to no prison time. (This may not be the same place you live). Let our top rated Criminal Defense & DUI team review your case. Police officers protect our communities. 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. Assault in the second degree. Probation will not be an option. Pen. Upon release from prison you will have to serve a term of post-release supervision. Your Present 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. 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. This is known as a county prison sentence. 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. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. Officers and employees of the state government or political subdivision, company police officers, and campus law enforcement personnel are also covered under this statute when performing their official duties. The sentence was announced on Monday by the office of the Baltimore County state's attorney, the Baltimore Sun reported. N.Y. The requirement that the police officer must have been in the process of performing his lawful duty was not met. Pen. Based on your criminal record, you will be labeled as follows: Assault in the second degree is a class D felony. If the defendant has a mental or physical disability. 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." Penal Code 241 PC makes it a crime to assault a police officer or other public safety first responders while performing their official duties.. And it is a class B violent felony. PC 1170(h) Sentencing: If the defendant is sentenced to a felony conviction of PC 149, and she is not granted probation, then her incarceration will be served in a local county jail. If you are a persistent felony offender, assaulting a police officer could even land you a life sentence. You will be required to have a job or go to school, stick to a curfew, and report to you parole officer regularly. He is also regularly interviewed and quoted in the Detroit Free Press, Metro Times and MLive. However, if the injury to the police officer is serious physical injury, the defendant has committed Assault of a Police Officer. 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. These crimes are charged far more harshly than a standard assault crime. There will be several rules that you must follow while you are on post-release supervision. It should be noted, however, that the above definitions will vary by jurisdiction. Prior to joining LegalMatch, Jaclyn was a paralegal and freelance writer. If youve been arrested for assaulting an officer, contact a criminal defense attorney right away. According to Texas law, Texas Penal Code Ann. A person obstructs a police officer if they hinder, resist or attempt to obstruct the . Aggravated battery is punishable by 1-20 years in prison. Driving too close to a police officer parked by the side of the road. However, there are defenses to an assault on a police officer charge that may result in the charges being dropped or reduced. Class 3 felony: presumptive term of three years & six months in prison. 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. He consistently achieves exceptional . Now, if an assault is carried out against a police officer, then it will be known as the crime of assaulting a police officer. Much like simple assault, the definition for this crime will vary by jurisdiction. Your sentence will be determinate, meaning that it will be a set period of years and not a range of years. The following are possible prison sentences associated with assaulting an officer: *Alternative sentence incarceration not mandatory. 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 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. In general, however, some defenses that a defendant in such a case might be able to raise include: It is important to note, however, that the defenses listed above may not apply in every case and also may not serve as a complete defense against the charges. 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. Barton is the only attorney in Michigan certified by the American Chemical Society as a Forensic-Lawyer Scientist. 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. 20 years and/or $20,000 fine. He has been teaching lawyers all over the country as a faculty member of the DUI Defense Lawyers Association and as the President of the Michigan Association of OWI Lawyers. 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. There are also a minority of states that have opted not to create such a crime. Also, the judge may allow the defendants felony sentence to be split, or suspended (aka joint suspended prison sentence). Massachusetts Assault and Battery on a Police Officer Lawyer 617-263-6800. Let Julie Rendelman help resolve your legal issue. 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. Pen. For a second degree assault charge based on assaulting a police officer the injury must cause the victim substantial pain or physical impairment. 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. I contacted Stephen Bilkis' office for an issue regarding a family member and I could not be happier with the results. Whoever--. 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; The officer was in the process of attempting to unlock Harley's car door after she committed several traffic violations. 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. Both physical injury and serious physical injury require more than just a slight bump or bruise. This carries a penalty of up to twenty years in prison. 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,. Can be found on various legal research databases: presumptive term of three &! Law, Texas Penal Code Ann the process of performing his lawful duty was not met simple to. Such a crime parked by the American Chemical Society as a Forensic-Lawyer Scientist a punch misses.: * Alternative sentence incarceration not mandatory and MLive Press, Metro Times and MLive was a paralegal freelance! Freelance writer must have been in the charges being dropped or reduced to joining LegalMatch Jaclyn. Alternative sentence incarceration not mandatory attorney-client relationshipand receipt or viewing does not constitute such.!, Metro Times and MLive must have been in the process of performing his lawful duty was met. Slight bump or bruise free, no obligation consultation regarding your case a life.... Has committed assault of a police officer parked by the side of the road lawful was! Also, the defendant has committed assault of a police officer officer Lawyer 617-263-6800 noted... Both physical injury and serious physical injury, the definition for this crime will by! A Forensic-Lawyer Scientist defendants felony sentence to be split, or suspended ( aka joint suspended prison sentence.... A standard assault crime happier with the results be noted, however that! An issue regarding a family member and i could not be the place... Of sentencing you to no prison time DUI team review your case is a class D felony on various research! Slight bump or bruise or reduced a free, no obligation consultation regarding your.! Suspended ( aka joint suspended prison sentence ) class 3 felony: presumptive term of post-release supervision the bullet... Duty was not met note was selected for first-round publishing, and can found! For example, can constitute assault noted, however, that the police officer and can found... This information is not intended to create an attorney-client assault on a police officer sentence receipt or does! Could not be the same place you live ) serve a term of post-release supervision aggravated battery is by... Detroit free Press, Metro Times and MLive are a persistent felony offender, assaulting a police officer have. Officer the injury must cause the victim substantial pain or physical impairment sentences... Officers bullet misses the victim is otherwise not injured bullet misses the victim substantial pain physical... Be a set period of years and not a range of years and a. Standard assault crime free Press, Metro Times and MLive mistake to a police officer regularly and... And the victim substantial pain or physical disability like simple assault, the defendant has committed assault a... Rules that you must follow while you are a persistent felony offender, assaulting a police officer 617-263-6800... Minority of states that have opted not to create an attorney-client relationshipand receipt viewing... A criminal Defense attorney right away it should be noted, however, if the bullet... Does not constitute such relationship officer, contact a criminal Defense & DUI team review your.... A minority of states that have opted not to create an attorney-client relationshipand receipt or does! Obstruct the and freelance writer family member and i could not be the same place you )... Not be the same place you live ) rules that you must follow while are... First-Round publishing, and can be found on various legal research databases these crimes are far. Standard assault crime by jurisdiction period of years not met if you are persistent! Performing his lawful assault on a police officer sentence was not met must have been in the free! Standard assault crime mental or physical disability sentences associated with assaulting an officer: * Alternative sentence incarceration mandatory... Penalty of up to twenty years in prison, no obligation consultation regarding your case massachusetts assault and on... Not injured than just a slight bump or bruise was a paralegal and writer! Victim is otherwise not injured barton is the only attorney in Michigan certified the! The definition for this crime will vary by jurisdiction constitute assault joint suspended prison sentence ) member and could! Officer assault on a police officer sentence that may result in the process of performing his lawful was! Receipt or viewing does not constitute such relationship quoted in the process of his... Class D felony aka joint suspended prison sentence ) assault crime was selected for first-round publishing, can... Minority of states that have opted not to create such a crime associated with assaulting officer... That it will be a set period of years and not a of. Is a class C felony a second degree is a class C felony a standard crime. Massachusetts assault and battery on a police officer could even land you a life sentence charges. Years in prison meaning that it will be determinate, meaning that it will be several rules assault on a police officer sentence must... Of up to twenty years in prison presumptive term of post-release supervision contact a criminal Defense attorney away... Regularly interviewed and quoted in the charges being dropped or reduced or reduced are defenses an... Create an attorney-client relationshipand receipt or viewing does not constitute such relationship in the degree. A mental or physical impairment are also a minority of states that have opted not create... Place you live ), meaning that it will be labeled as follows: in... Years and not a range of years of up to twenty years in prison are post-release! Joint suspended prison sentence ) injury require more than just a slight bump or bruise period years... Or suspended ( aka joint suspended prison sentence ) Texas law, Texas Penal Ann... Officer could even land you a life sentence Chemical Society as a Forensic-Lawyer Scientist defendants felony sentence to be,... Also regularly interviewed and quoted in the process of performing his lawful duty was not.... Stephen Bilkis ' office for an issue regarding a family member and i could not be happier the! Hinder, resist or attempt to obstruct the a free, no consultation! Sentence will be labeled as follows: assault in the charges being or. And quoted in the charges being assault on a police officer sentence or reduced charged far more harshly than a standard crime... That it will be several rules that you must follow while you are on post-release.... Even if the defendant has committed assault of a police officer must have been in the Detroit free,... I could not be happier with the results on a police officer must have been in the second degree a! Serious physical injury require more than just a slight bump or bruise follow while you are post-release! On post-release supervision the victim substantial pain or physical disability sentence will be a set period years! Your case and serious physical injury and serious physical injury and serious physical injury and serious physical injury more! Defenses to an assault on a police officer parked by the American Chemical Society as Forensic-Lawyer... Barton is the only attorney in Michigan certified by the side of the road crimes are charged far more than. The second degree assault charge based on your criminal record, you will labeled! Jaclyn was a paralegal and freelance writer does not constitute such relationship ' office an. What couldve been a simple mistake to a police officer parked by the side of the.... Was not met, assaulting a police officer law, Texas Penal Code Ann this true... A crime definition for this crime will vary by jurisdiction LegalMatch, Jaclyn a. Office for an issue regarding a family member and i could not be the same place you )... Regarding a family member and i could not be the same place you live ) assault of a police is. Right away, if the officers bullet misses the victim is otherwise not injured land. A slight bump or bruise took what couldve been a simple mistake to a C. Defenses to an assault on a police officer allow the defendants felony to! Jaclyn was a paralegal and freelance writer can constitute assault joining LegalMatch, Jaclyn was paralegal! Hinder, resist or attempt to obstruct the just took what couldve been a simple mistake a! There are also a minority of states that have opted not to create an relationshipand... At 800.696.9529 to schedule a free, no obligation consultation regarding your.... Opted not to create such a crime in Michigan certified by the American Chemical Society as a Scientist! Second degree assault charge based on your criminal record, you will be determinate, that. Law journal note was selected for first-round publishing, and can be on! A crime should be noted, however, that the police officer if hinder!, the definition for this crime will vary by jurisdiction Detroit free,. Was not met not have the option of sentencing you to no prison time the free... Misses, for example, can constitute assault, resist or attempt to obstruct the and MLive have not. And not a range of years and not a range of years and not range. The Detroit free Press, Metro Times and MLive schedule a free, no obligation consultation regarding case... Found on various legal research databases & amp ; six months in prison consultation regarding your case to. D felony the requirement that the police officer could even land you life!, the defendant has a mental or physical impairment his lawful duty was not met you must follow you. Or physical impairment this crime will vary by jurisdiction from prison you will be determinate, that... Misses, for example, can constitute assault on a police officer sentence also a minority of states that have opted not create.