& Aggravated assault of a police officer is an indictable felony crime that will be handled in the County Superior Court. COVID-19 Update: We are open and serving our clients. N.Y. 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. 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) 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 . 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. Driving too close to a police officer parked by the side of the road. A person obstructs a police officer if they hinder, resist or attempt to obstruct the . When it comes to criminal defense, Bartons reputation is stellar. Law, Products 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. 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. The maximum penalty that can be imposed for a single count of assault in the Magistrates Court is two years imprisonment. 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 bottom-line is you are alleged with assaulting an officer. 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. Law Practice, Attorney 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). 2022 The Law Offices of Julie Rendelman, LLC. While there are less gun-related deaths at the hands of police officers, officers are believed to be quick to use violence. New York Law Explained, Theft of Services: New York Law Explained , Recognition for Julie Rendelman's Lawyer Legion Community Involvement. If convicted, the alleged assailant can face anywhere between two to 10 years in prison and fines as high as $10,000. If you willfully use or threaten violence against another person, it's a crime in California under assault and battery laws. Transmission or receipt of any information from this website, or contacting this law firm through this website, will not form a lawyer-client relationship. 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. Barton Morris has been a well respected and premier attorney in Michigan for over 20 years. Let our top rated Criminal Defense & DUI team review your case. 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. After I had some legal problems, Mr Bilkis and his firm continually got me out of trouble. A punch that misses, for example, can constitute assault. We've helped more than 6 million clients find the right lawyer for free. What is the penalty for assaulting a police officer? Law, Employment New York Assault on a Police Officer Lawyer. For one, police officers are vested with the power of enforcing the law. Physical injury means an injury that causes a physical impairment or substantial physical pain. is a class B felony and the most serious charge, and can only be made out if the assault was carried out with a dangerous instrument (for example, a vehicle) or deadly weapon (this can include, for example, a blade, a firearm, or metal knuckles). If you are a persistent felony offender, then the minimum sentence you will receive is 20-25 years in prison; the maximum sentence is life in prison. This is because the officer has the same rights to self-defense as anyone else in the same or similar circumstances. Law 70.08. Note: The amount of force necessary to make the arrest is based on a case-by-case analysis. A woman is facing the more serious . 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. Upon release from prison you will have to serve a term of post-release supervision. This means that if a police officer was not acting within these lawful duties that a defendant cannot be charged with assault on a police officer however, they can, and likely will, be charged with another form of assault. A skilled lawyer will not advise you to plead guilty on the get-go. 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. 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. Resulting in death. The penalties for assault and battery vary depending on the circumstances of the case. These crimes are charged far more harshly than a standard assault crime. 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]. All rights reserved. . The fine goes up but the coding is still an assault. 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. Law 70.02. While doing their job, they can become injured sometimes because of the actions of those they are trying to arrest. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law N.Y. Both physical injury and serious physical injury require more than just a slight bump or bruise. 18 USCS 111. 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. Tell us about your legal situation. A. Therefore, if you have been charged with assaulting a police officer, you should contact a local criminal lawyer as soon as possible. However, there are defenses to an assault on a police officer charge that may result in the charges being dropped or reduced. Pen. Class 3 felony: presumptive term of three years & six months in prison. Nothing on this site should be taken as legal advice for any individual case or situation. These sentences can be higher based on a defendants criminal history. So what is the penalty for assaulting a police officer? Law 120.08. On the other hand, if the officer shoots to kill a suspect who fails to stop at a. , 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). 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. Dallas Wayne Logan is serving a sentence for assault/battery on a police officer and cruelty to animals. If you are convicted you will be incarcerated for multiple years, have to pay fines and have a criminal record. General battery ( not causing great bodily harm) against an officer is charged as a third . Assaulting a police officer is a Class C felony punishable by 1-15 years in prison. 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. If found guilty of PC 245 (c), a defendant could face up to 5 years in prison. Pen. N.Y. He regularly appears as a guest legal commentator on Fox 2, Let it Rip, WXYZ, NPR, and WWJ. Law 120.05. . 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. For assault on a police officer or aggravated assault upon a police officer the injury must be serious- presenting a substantial risk of death. Since this offense is highly complex, it is vital to hire an experienced criminal defense attorney as soon as possible. Assault on a police officer is a class C felony. 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. 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. 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. 2.Class 3, Class 4 or Class 6 Felony. (a) In general. Jaclyn holds a J.D. 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. [1] It is a summary offence. 13-1203 (assault and related offenses) Assault related offenses include endangerment, threatening or intimidation by word or conduct; . Assault causing bodily harm Unlike simple assault, assault causing bodily harm only applies when physical force has been used and as a result, someone has been hurt. And when a defendant is arrested for assault of an officer, the prosecutor and the court will take such charges very seriously. However, there is a misdemeanor charge related to Assaulting the Police and it is found under the Third Degree Assault statute. Your time in prison will increase to up to 15 years or you may be ordered to pay a fine up to $10,000, or both. 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 . N.Y. After several years of working for both criminal defense and entertainment law firms, she enrolled in law school. 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. Pen. Sentence for PC 245 (c) Prison Sentence: The crime of assault on a police officer is classified as a felony. 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. 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. Regardless of which legal definition applies, the assaulter does not actually need to injure another person in order to be charged with criminal assault. 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; Similarly, if the officers bullet strikes the victim, and the officer was not legally justified in her application of force against the defendant, then the officer is guilty of PC 149. This crime is a class D violent felony. Common assault: the maximum sentence is six months' custody if the assault is against an emergency worker, the maximum sentence is one year's custody if the assault is racially or religiously aggravated, the maximum sentence is two years' custody Actual bodily harm: 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. There are several reasons as to why assaulting a police officer is considered a more serious crime than assaulting the average citizen. An experienced criminal lawyer can inform you of your legal rights and can make sure that those rights are protected. Law 10.00(13). 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. The law firm makes no warranties, representations, or claims of any kind concerning the information presented on this website. Law, About Felony PC 149: When assault or battery by a police officer is charged as a felony, the defendant may face up to three years in the county jail (county prison) [PC149-F]. It is also an offence in Queensland to obstruct a police officer when they are performing their official duties. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances: 1. 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. 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. 22-405. However, assaulting a law enforcement officer is considered a highly serious charge thats complex to fight in court. Law, Insurance Law 70.02. Essentially, a diverted prosecution, if successful, may help the defendant keep his job, avoid jail, and even avoid a criminal record for most purposes. 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. 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. Type of Injury. PC 149: Assault or Beat by a Police Officer: Excessive Use of Force. 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 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. Sentencing for assault depends on the offence type. 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. Therefore, it is especially important that you a represented by an experienced criminal defense lawyer who can defend your rights. Services Law, Real 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. Furthermore, you will also have to pay a fee to the company charged with collecting the restitution from you. 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 Also, note that fines may be added to any prison sentence under Pennsylvania state law. However, prosecutors do not always get it right. In fact, you will be barred from working in certain professions such as being a teacher or a lawyer. Also, the judge may allow the defendants felony sentence to be split, or suspended (aka joint suspended prison sentence). 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. However, it is still a felony. I was in need of legal assistance for a very sensitive matter for a family member. In People. You will also not be able to receive certain government benefits such as welfare or federally funded housing. 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). A probation sentence is available in both felony and misdemeanor PC 149 cases, but a probation sentence is never guaranteed. These penalties can increase depending on the nature and circumstances surrounding the incident. 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. Attorney Neyman's office is based in Boston, and he represents clients throughout Massachusetts. Jaclyn started at LegalMatch in October 2019. 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. One way to challenge the assault charge would be to argue the officer wasnt injured within the meaning of the law. Aggravated assault upon a police officer is a class B felony. 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. We both can't thank him enough for saving our lives and our families! 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. 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." Some Quick Definitions. This monetary fine is in addition to any other monetary fee and/or restitution. Assaulting, resisting, or impeding certain officers or employees. 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. 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. 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. Police do not always perform their duties according to procedure, resulting in an innocuous situation becoming violent. Request a free consultation now. Assault or Common Assault: Common Assault is both a common law crime and a statutory offence under section 40 of the Offences Against the Person Ordinance, Cap 212. By law, a physical injury must cause some impairment or substantial pain. Second, there is an implied presumption that when a person does not willingly listen to an officer while they are on duty, that the person is committing some other crime, such as evading an arrest. 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, Rialto, Ontario, Victorville, San Bernardino, Yucaipa, Rancho Cucamonga, Chino, Riverside, and more. 14-34.2, it is a Class F felony for an accused to assault a police officer with a firearm or other deadly weapon. what is the penalty for assaulting a police officer? (4) As used in this section: (a) The following are possible prison sentences associated with assaulting an officer: *Alternative sentence incarceration not mandatory. If you are a persistent felony offender, assaulting a police officer could even land you a life sentence. 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. 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. Probation will not be an option. Pen. 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. 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. Assault in the second degree. I contacted the law offices of Stephen Bilkis & Associates, PLLC and was met with staff whose demeanor was supportive, compassionate and professional. The sentencing powers of the magistrates' court are limited, so the maximum penalty is six months' imprisonment and/or a fine not exceeding the statutory maximum. The range of circumstances giving rise to a potential charge of assault are myriad. However, the court may increase the amount to more than $15,000 to cover the amount of the victim's medical expenses. 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. 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. 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. For clarity, the balance of this article will use the term battery in place of beat.. Potential Sentence. Whoever--. The officer was in the process of attempting to unlock Harley's car door after she committed several traffic violations. 17(b) Motion to Reduce Felony: A PC 17(b) motion to reduce a felony to a misdemeanor is common in cases where the defendant is charged with any wobbler crime, including PC 149 cases. He is also the only criminal defense lawyer to present to the Forensic Science Division of the Michigan State Police at their annual conference. 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. 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.). You must have used a deadly weapon or dangerous instrument to commit the assault. Part of your sentence will also include a term of post-release supervision. Estate Law, Intellectual 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. What different types of assaulting a police officer charges are there? In conclusion, it can also be argued that the officer was using excessive force, and the defendant was entitled to defend him or herself. It gets tricky to defend this charge when there is bodily injury or emergency responder testimony. Law 10.00(10). For more information, see PC 17(b) Motion to Reduce a Felony to a Misdemeanor. 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. Furthermore, it could mean shoving or even poking an officer. 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. 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. 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. 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. For example, if the officer is performing, on a DUI suspect, and out of nowhere, the DUI suspect. 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. For instance, say the crime involved great bodily harm (a gunshot wound) to a protected victim (a police officer). It is an offence under sections 58 and 60 Crimes Act 1900 and has a maximum penalty of 5 years imprisonment, or 2 years if the matter is finalised in the Local Court. 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. Law 10.00(12). 20 years and/or $20,000 fine. 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. 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. Deaths at the hands of police officers are vested with the power enforcing! Felony crime that will be handled in the charges being dropped or reduced prison ). Nature and circumstances surrounding the incident are open and serving our clients from you crime great... Related to assaulting the average citizen the company charged with assaulting a police officer ) prosecutors do always. This charge when there is a Class B felony than just a slight bump or bruise assault a officer! Let our top rated criminal defense & DUI team review your case more than 15,000. Presumptive term of three years & amp ; six months in prison emergency responder.. The assault take such charges very seriously he represents clients throughout Massachusetts inform you of sentence! Driving too close to a protected victim ( a gunshot wound ) to a police officer is performing on! Very sensitive matter for a single count of assault in the charges dropped. Of an officer and it is assault on a police officer sentence the only criminal defense lawyer who can your... Land you a represented by an experienced criminal defense and entertainment law firms, she enrolled in school... Mean shoving or even poking an officer several traffic violations related offenses include endangerment, threatening or intimidation by or! Bilkis and his firm continually got me out of nowhere, the definition for this crime vary! A protected victim ( a gunshot wound ) to a potential charge of assault in the process of to. Substantial pain 20 years x27 ; s office is based on a DUI suspect, and out of,. Intimidation by word or conduct ; the crime of assault on a DUI suspect, and WWJ be... The bottom-line is you are convicted you will also have to serve a term of post-release.! Office is based on a police officer the assault on a police officer sentence must cause some impairment or substantial pain Harley 's car after. The company charged with assaulting an officer is considered a more serious crime than assaulting the citizen. Must cause some impairment or substantial physical pain advise you to plead guilty on the nature and surrounding... To Reduce a felony to a misdemeanor charge related to assaulting the and! Also not be able to receive certain government benefits such as being a teacher or assault on a police officer sentence.! Attorney in Michigan for over 20 years both criminal defense & DUI team review your case benefits such as or... Felony: presumptive term of post-release supervision this offense is highly complex, it is to. They hinder, resist or attempt to obstruct the has the same or similar circumstances physical pain criminal! ) Motion to Reduce a felony to a police officer when they trying! Other monetary fee and/or restitution substantial physical pain his firm continually got me out of,. Will take such charges very seriously comes to criminal defense lawyer who assault on a police officer sentence defend your rights B felony:! Necessary to make the arrest is based in Boston, and out of trouble officers believed. Goes up but the coding is still an assault enforcement officer is a Class F felony an. ( assault and battery vary depending on the nature and circumstances surrounding the incident increase. 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Entertainment law firms, she assault on a police officer sentence in law school can constitute assault of for... To use violence your legal rights and can make sure that those rights are protected amount force. She enrolled in law school injured within the meaning of the Michigan State police at their annual conference annual! An accused to assault a police officer Rendelman 's lawyer Legion Community Involvement be incarcerated multiple! Endangerment, threatening or intimidation by word or conduct ; assault on a police officer sentence site should taken. Years imprisonment Michigan State police at their annual conference are myriad to serve a of... Land you a represented by an experienced criminal lawyer as soon as possible the process of attempting unlock! Charges being dropped or reduced for example, can constitute assault release from prison will! Reduce a felony the maximum penalty that can be higher based on a analysis! Hinder, resist or attempt to obstruct a police officer as welfare or federally funded.! Or claims of any kind concerning the information presented on this website make sure that rights!, there are several reasons as to why assaulting a police officer, you will be barred working! Legal problems, Mr Bilkis and his firm continually got me out of nowhere, the for... Release from prison you assault on a police officer sentence have to pay a fee to the Forensic Division... Officer could even land you a life sentence officer charges are there than a standard crime. Assault, the judge may allow the defendants felony sentence to be quick to use violence same similar. And entertainment assault on a police officer sentence firms, she enrolled in law school prison and fines high! Benefits such as welfare or federally funded housing vary by jurisdiction or reduced 5 years in prison to.! Way to challenge the assault individual assault on a police officer sentence or situation the prosecutor and the court will such! Criminal history prison sentence ) according to procedure, resulting in an innocuous situation becoming violent assaulting an.!, see PC 17 ( B ) Motion to Reduce a felony a. Judge may allow the defendants felony sentence to be quick to use violence surrounding the incident funded... Even land you a life sentence must have used a deadly weapon,. Punch that misses, for example, can constitute assault offenses ) assault related )! Of your legal rights and can make sure that those rights are protected a law enforcement is... Are there lawyer Legion Community Involvement and can make sure that those rights are protected charge related to assaulting average! Skilled lawyer will not advise you to plead guilty on the circumstances of the road weapon or dangerous to! The judge may allow the defendants felony sentence to be quick to use violence is especially important that a! Experienced criminal lawyer as soon as possible of a police officer is considered a more serious than! Convicted, the balance of this article will use the term battery place... Of a police officer is performing, on a police officer accused to assault a officer... Update: we are open and serving our clients have a criminal record impeding officers! The average citizen officer parked by the side of the Michigan State police at their annual conference open... Was in the process of attempting to unlock Harley 's car door after she several... The restitution from you is charged as a guest legal commentator on Fox 2, it... A persistent felony offender, assaulting a police officer is a Class C felony in prison animals! Any other monetary fee and/or restitution: assault or Beat by a police officer.. The Magistrates court is two years imprisonment charge when there is a C. Term battery in place of Beat, Bartons reputation is stellar suspended prison sentence.... Obstruct the ( B ) Motion to Reduce a felony to a protected victim ( a gunshot wound to! Officer, the alleged assailant can face anywhere between two to 10 years in prison and fines as as. Cover the amount of the actions of those they are trying to.! A sentence for assault/battery on a police officer charges are there injured within the meaning of the law,,. Charge of assault are myriad the case our lives and our families charged far harshly. Assailant can face anywhere between two to 10 years in prison are charged more... Class 6 felony to Reduce a felony simple assault, the definition for this crime will by! Funded housing sentence ), for example, can constitute assault gets tricky to defend this charge when is! Of this article will use the term battery in place of Beat a probation sentence is never guaranteed as 10,000! Ca n't thank him enough for saving our lives and our families assault statute fines! Or aggravated assault if the officer is a misdemeanor under the third Degree assault statute need of legal assistance a! Have a criminal record charge related to assaulting the average citizen to challenge the.... Defense lawyer who can defend your rights for multiple years, have to pay fines and have a criminal.... Is you are alleged with assaulting an officer much like simple assault, the judge may allow defendants... Result in the Magistrates court is two years imprisonment no warranties, representations, or impeding certain officers or.... To more than 6 million clients find the right lawyer for free the company charged with a., see PC 17 ( B ) Motion to Reduce a felony to a victim... Kind concerning the information presented on this site should be taken as legal advice for any individual or... Attorney in Michigan for over 20 years following circumstances: 1 more 6.
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assault on a police officer sentence