Don't stand alone when the "victim" is a police officer Contact an attorney to fight on your behalf. 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. 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. Additionally, a handful of states have chosen to combine the crimes of assault and battery into one criminal act within their own state criminal statutes. The lowest level charge of obstructing an officer is considered a felony. if the assault occurred because that person is a police officer. New York's criminal statute gives several examples of what is considered a dangerous weapon: means any loaded weapon from which a shot may be discharged, a knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles. N.Y. In most states, when an assault occurs against a police officer, it is considered a "sentence enhancer.". 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 work release. 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. 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. For more information, see PC 1001.95 Judicial Diversion. Aggravated assault of a police officer is an indictable felony crime that will be handled in the County Superior Court. Assault against a police officer while they are in the execution of duty is a serious criminal offence. Class 4 felony: presumptive term of two years & six months in prison. There are also a minority of states that have opted not to create such a crime. It should be noted, however, that the above definitions will vary by jurisdiction. 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. Regarding marijuana, he has also very well known and respected. Based on the evidence presented, the outcome of such a hearing may be that your post-release supervision status is undisturbed, you will be required to go back to jail for a period and then back on post-release supervision status, or you may be required to return to prison to complete your original sentence plus additional time for violating your post-release supervision. 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. Law, Government Note: Beat is synonymous with battery in the PC 149 context. Pen. 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. 2. The court will not have the option of sentencing you to no prison time. That means the police has broad discretion in seeking charges. For instance, the sentence is harsher whenever you knew or should have known that the victim was on duty as either of the following "protected class" occupations: officers (including the police), health care providers (including medical doctors), Law 120.08. A third factor that enhances this assault crime is that law enforcement has a duty to maintain peace and protect the public from harm. 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. 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). 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; I contacted Stephen Bilkis' office for an issue regarding a family member and I could not be happier with the results. You get charged with assault in the first degree, assault in the second degree . Facing assault charges? 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. 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. However, the penalties severely increase if injury is inflicted. 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. 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). The officer was in the process of attempting to unlock Harley's car door after she committed several traffic violations. What is Endangering The Welfare Of a Child. 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. Physical injury means an injury that causes a physical impairment or substantial physical pain. Discover our vast array of legal resources and guidance. 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. The court will not have the option of sentencing you to no prison time. Assault and battery on a police officer is considered a misdemeanor offense in the state of Massachusetts. 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. Pen. The penalties for assault and battery vary depending on the circumstances of the case. These penalties differ significantly from a . Law, Intellectual [1] It is a summary offence. State Penalties for Assaulting a Police Officer. Aggravated assault on a police officer . California law treats peace officer safety as a top priority. Potential Sentence. Barton is currently the chair-elect of the Cannabis Law Section of the State Bar of Michigan and will Chair that section in 2023-2024. For example, a normal sentencing range for spitting on another person is generally up 18 months in jail. 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). I was in need of legal assistance for a very sensitive matter for a family member. He is also regularly interviewed and quoted in the Detroit Free Press, Metro Times and MLive. Injury and Serious Injury 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. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law 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.). On the other hand, California law states that the assaulter must have willfully and unlawfully touched an individual that they either knew or should have reasonably known was law enforcement while they were performing their duties. 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. 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. N.Y. Library, Bankruptcy For a first degree felony committed against a police officer, up to eleven years in prison, fines up to $20,000, and a mandatory minimum sentence of at least three years in prison. That act itself just took what couldve been a simple mistake to a class C felony. A second degree felony carries a sentence of up to ten years in prison. 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. Law, Products If you are convicted you will be incarcerated for multiple years, have to pay fines and have a criminal record. This is true even if the officers bullet misses the victim and the victim is otherwise not injured. You will have to let you parole officer know if you change address and get permission to leave the state. The lawyer handling our case had many years of experience and treated us as if we were his own family. 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. 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. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Pen. The requirement that the police officer must have been in the process of performing his lawful duty was not met. However, assaulting a law enforcement officer is considered a highly serious charge thats complex to fight in court. This new California Judicial Diversion Law is found at PC 1001.95. In conclusion, it can also be argued that the officer was using excessive force, and the defendant was entitled to defend him or herself. There are several reasons as to why assaulting a police officer is considered a more serious crime than assaulting the average citizen. I hired Stephen Bilkis and Associates to represent me on a legal matter a few months ago and am grateful for their swift action and resolution on my behalf. 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. What are the Penalties for Assaulting 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. The maximum possible sentence is 7 years in prison. This means that the normal sentencing criteria can be doubled. 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. 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. Assaulting, resisting, or impeding certain officers or employees. If you violate any of the terms of your post-release supervision you will receive a revocation hearing. If an injury was inflicted on the police officer then the maximum penalties increase significantly. 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 . I then had his firm represented my wife and he got her out of trouble! Resulting in death. If you are not a citizen of the United States federal law may require that you be deported. Penal Code 241 PC makes it a crime to assault a police officer or other public safety first responders while performing their official duties.. Information on the crime of assault by a police officer, sometimes referred to as excessive use of force or unlawful beating by a peace officer, is found at California Penal Code Section 149 PC. Judicial Diversion: New California law allows some defendants to enter diversion, even over the objection of the DA. The government takes Second Degree Assault on a police officer extremely seriously. To be convicted of assault on a police officer, the injury cannot be slight. 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. Being arrested for assault on a police officer is very serious. In a criminal law context, the crime of assault may be categorized as a general intent crime or a specific intent crime. If you are a persistent felony offender the minimum sentence you will receive is 12-25 years in prison; the maximum sentence is life in prison. Law 10.00(12). I have recommended the firm to friends and family, all of whom were also ecstatic with Mr. Bilkis and all members of his staff. Aggravated battery is punishable by 1-20 years in prison. Class 5 felony: presumptive term of two years in prison. According to Texas law, Texas Penal Code Ann. In People. N.Y. Slight physical contact falls under this charge. 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. 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. 20 years and/or $20,000 fine. 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. Maximum Penalties in Michigan. N.Y. Property Law, Personal Injury 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. 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. Under N.C.G.S. The maximum possible sentence is 15 years in prison and a $5,000 file. The bottom-line is you are alleged with assaulting an officer. And jail or prison time is not the only possible penalty convicted individuals will face. The contact form sends information by non-encrypted email, which is not secure. Some aggravating circumstances that could change that standard sentence are: If the assault is against a police officer or correctional officer performing their job duties, you would face 10-20 years. Crime of assault on a police officer extremely seriously it should be noted however. To maintain peace and protect the public from harm third factor that enhances assault. 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