In People. So long as the victim was placed in a reasonable apprehension of an imminent battery without legal justification, then the crime of assault by an officer is committed. 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. Some potential penalties that a convicted defendant may receive include a jail or prison sentence, parole, probation, community service, criminal fines, and/or restitution. 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. Jaclyn holds a J.D. What is Endangering The Welfare Of a Child. The penalties for assault and battery vary depending on the circumstances of the case. 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. Part of your sentence will also include a term of post-release supervision. In addition to any convictions, anybody charged with assaulting a police officer could face paying fees, fines, and/or restitution to the victim or the victims family. 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. (This may not be the same place you live). This is why you need a skilled assault lawyer who understands the evidence and isnt afraid to ask the hard questions. 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. 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. Even if you are sentenced to just the minimum prison sentence there will be consequences of being convicted of assault on a police officer that will last for years after you are released from prison, complete your post-release supervision and pay fees, fines and restitution. The maximum possible sentence is 7 years in prison. Aggravated battery is punishable by 1-20 years in prison. 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. I contacted the law offices of Stephen Bilkis & Associates, PLLC and was met with staff whose demeanor was supportive, compassionate and professional. is a serious crime in itself, according to. The police officer had not stopped and questioned the defendant based on lawful police procedure. There are several reasons as to why assaulting a police officer is considered a more serious crime than assaulting the average citizen. Type of Injury. 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 lawyer handling our case had many years of experience and treated us as if we were his own family. He regularly appears as a guest legal commentator on Fox 2, Let it Rip, WXYZ, NPR, and WWJ. 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. Aggravated assault upon a police officer or a peace officer. 18 USCS 111. For example, a normal sentencing range for spitting on another person is generally up 18 months in jail. This is true even if the officers bullet misses the victim and the victim is otherwise not injured. Law 10.00(13). Pen. Physical injury means an injury that causes a physical impairment or substantial physical pain. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with misdemeanors and felonies such as assault in the first degree, assault in the second degree, menacing, reckless endangerment, stalking, rape, and child endangerment. Felony assault of a police officer can incur a fine of up to $5,000, and youll likely need to pay fees like a mandatory surcharge fee of $300 and a victim assistance fee. Furthermore, you will also have to pay a fee to the company charged with collecting the restitution from you. 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. What different types of assaulting a police officer charges are there? Law, Employment However, there are defenses to an assault on a police officer charge that may result in the charges being dropped or reduced. 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. Therefore, a conviction will result in a much harsher penalty. The maximum penalty that can be imposed for a single count of assault in the Magistrates Court is two years imprisonment. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. There are 3 different assault charges related to assaulting a police officer. 10 years and/or $10,000 fine. Assault on a police officer is a class C felony. A wobbler offense is a crime that may be charged either as a misdemeanor, or as a felony. For assault on a police officer or aggravated assault upon a police officer the injury must be serious- presenting a substantial risk of death. & Summarized). PC 149: Assault or Beat by a Police Officer: Excessive Use of Force. For a second degree assault charge based on assaulting a police officer the injury must cause the victim substantial pain or physical impairment. 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. According to Texas penal code 22.01, assault occurs when a person "intentionally knowingly, or recklessly causes bodily injury to another" or threatens another person with imminent bodily . Law 70.02. The police can request that a person be charged with any charge that they believe is supported by their investigation. 2. Potential Sentence. This covers police, prison officers, custody officers, fire service personnel . The officer was in the process of attempting to unlock Harley's car door after she committed several traffic violations. 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. There will be several rules that you must follow while you are on post-release supervision. Did If youve been arrested for assaulting an officer, contact a criminal defense attorney right away. Offences Against the Person. While there are less gun-related deaths at the hands of police officers, officers are believed to be quick to use violence. 2022 The Law Offices of Julie Rendelman, LLC. The terms assault and beat in the legal definition of Penal Code 149 are not synonymous. Law 120.05. . Pen. , Ontario, Victorville, San Bernardino, Yucaipa, Rancho Cucamonga, Chino, Riverside, and more. 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. The court will not have the option of sentencing you to no prison time. Regardless, the dash cam and body cam video is extremely important in preparing a solid strategy to fight this offense. 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. He consistently achieves exceptional . This offense is a class C violent felony. If found guilty of PC 245 (c), a defendant could face up to 5 years in prison. 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. Nothing on this site should be taken as legal advice for any individual case or situation. 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. But despite all of his accomplishments, he believes his most important are the amazing results he and his firm has and continue to obtain for his clients over the years. 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. He is also the only criminal defense lawyer to present to the Forensic Science Division of the Michigan State Police at their annual conference. Login. Attorney Advertising Prior results do not guarantee a similar outcome., Call Us Today For A Free Consultation: (212)-951-1232. Note: A PC 17(b) motion is not a true defense in the sense that the defendant is exonerated, but it does allow the case to proceed as a misdemeanor instead of a felony. You must have used a deadly weapon or dangerous instrument to commit the assault. For example, a defendant who commits assault and battery on a law enforcement officer will receive a longer prison sentence than a defendant who only commits assault against an officer. Man received 3-year sentence for assault on officer. 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. Assault on a police officer is a class C felony. A serious physical injury is an injury that creates a substantial risk of death, causes death, causes protracted disfigurement or impairment of health, or causes loss of a bodily organ. , then the officer is probably justified in her use of force when she kills the victim. In a criminal law context, the crime of assault may be categorized as a general intent crime or a specific intent crime. The maximum possible sentence is 15 years in prison. 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. I then had his firm represented my wife and he got her out of trouble! Law 70.02. Your sentence will be determinate, meaning that it will be a set period of years and not a range of years. This website may constitute attorney advertising. Also, note that fines may be added to any prison sentence under Pennsylvania state law. In other words, if the officer is being attacked, then the defendant may use the amount of force reasonably needed to repel that attack, including the use of deadly force if necessary. If you willfully use or threaten violence against another person, it's a crime in California under assault and battery laws. However, if the injury to the police officer is serious physical injury, the defendant has committed Assault of a Police Officer. Assault on member of police force, campus or university special police, or fire department. The government takes Second Degree Assault on a police officer extremely seriously. 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. Further, it may also be a valid defense to argue the officer was not performing his or her legally-sanctioned duty. A PC 17(b) motion, if successful, will have the defendants felony PC 149 charge (or conviction) reduced to a misdemeanor for almost all purposes. A former Baltimore Police officer previously sentenced to 60 days of incarceration for failing to stop an assault will not have to serve any time behind . In addition to his prison sentence, Arganbright will forfeit his law enforcement certification and be required to register as a sex offender. 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. COVID-19 Update: We are open and serving our clients. However, prosecutors do not always get it right. With a law enforcement agent, it's 10 years and a $5,000 fine. For this crime, the injury to the officer does not have to be a serious physical injury. Assaulting a police officer is a Class C felony punishable by 1-15 years in prison. Aggravated assault on a police officer . 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. And jail or prison time is not the only possible penalty convicted individuals will face. Pen. However, assaulting a law enforcement officer is considered a highly serious charge thats complex to fight in court. 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. 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. When deciding the sentence for assault by beating, the court will take into account both the harm caused by the defendant, and the defendant's culpability (blameworthiness). If an injury was inflicted on the police officer then the maximum penalties increase significantly. https://str.sg/3hEu. LegalMatch, Market Attorney Neyman's office is based in Boston, and he represents clients throughout Massachusetts. You will have to let you parole officer know if you change address and get permission to leave the state. Transmission or receipt of any information from this website, or contacting this law firm through this website, will not form a lawyer-client relationship. The information on this website should not be relied upon to make a legal decision, and you are strongly advised to consult with legal counsel in your jurisdiction familiar with the particular circumstances of your legal situation. Law 120.08. The court will not have the option of sentencing you to no prison time. refers to preventing an officer from performing their lawful duties by causing physical injury, defined as injury that leads to great physical pain or a physical impairment this is a class D felony. ) 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. A person convicted under this section shall be sentenced to not less than 14 days of imprisonment and shall not be granted bench parole or suspension of sentence nor released on a sentence of probation before serving at least 14 days of the sentence of confinement if the victim is a peace officer. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. Estate The sentence was announced on Monday by the office of the Baltimore County state's attorney, the Baltimore Sun reported. N.Y. 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. 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. Tell us about your legal situation. 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. 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. BURNET COUNTY, Texas (KXAN) A man was sentenced in late November to 30 years in prison for the attempted murder of a peace officer, aggravated assault and evading arrest. 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." ATTORNEY ADVERTISING -- Prior results do not guarantee similar outcomes in future cases. 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. Law, Government (a) In general. Additionally, in states that recognize assaulting a police officer as a separate crime, a state may also include factors that will escalate the crime even further to aggravated assault of a police officer. For example, if a person attempts to intimidate or use a firearm on a police officer, then they can be charged with aggravated assault of a police officer. My wife and I met under some unconventional circumstances. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties is guilty of a felony punishable: Michigan State Police Lab Has Been Using The Wrong Method To Test THC in Blood for The Past 20 Years. 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. If you are convicted of assault on a police officer your sentence will include prison, payment of fines, fees, and restitution, and post-release supervision. 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 Although all types of assault are taken seriously in a court of law, assaults against police officers are seen as particularly egregious the court likely wont be in your favour, and you are likely to face years in prison. This is known as a county prison sentence. Though the differences between the two state statutes may seem slight, you should still be able to notice them. Assault and Battery on a Police Officer.