Many times the charges are not founded in objective facts but rather in the subjective investigation of the police. These penalties can increase depending on the nature and circumstances surrounding the incident. So what is the penalty for assaulting a police officer? Click here. N.Y. Even if you have no prior convictions, then the minimum prison sentence you will receive is 3 1/2 years. Judicial Diversion: New California law allows some defendants to enter diversion, even over the objection of the DA. [1] It is a summary offence. Jaclyn started at LegalMatch in October 2019. Again, whether or not this degree of crime exists will depend on state laws. (This may not be the same place you live). Law 70.02. 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. 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. 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. A person may be convicted of Aggravated Assault of a police officer charges if: They commit Assault under A.R.S. from Benjamin N. Cardozo School of Law, specializing in both intellectual property law and data law; and a B.A. N.Y. 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. The court will not have the option of sentencing you to no prison time. A public officer means any state police officer, sheriff, highway patrol officer, or other law enforcement officer that serves the public. Also, note that fines may be added to any prison sentence under Pennsylvania state law. 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. If you are released you will have to serve a term of post-release supervision. I was in need of legal assistance for a very sensitive matter for a family member. We both can't thank him enough for saving our lives and our families! That act itself just took what couldve been a simple mistake to a class C felony. 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). For example, a normal sentencing range for spitting on another person is generally up 18 months in jail. Upon release from prison you will have to serve a term of post-release supervision. Law, Products Therefore, if you have been charged with assaulting a police officer, you should contact a local criminal lawyer as soon as possible. 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. Copyright 1999-2023 LegalMatch. Pen. 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. Law 120.05. . 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. 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. Assault in the second degree is the least serious assault on a police officer offense. LegalMatch Call You Recently? If you are not a citizen of the United States federal law may require that you be deported. 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. In this case, physical injury means an injury that causes a physical impairment or substantial physical pain. It is a class B felony. A new offence will double the maximum sentence from 6 to 12 months in prison for assaulting an emergency worker. Law 60.35. 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. You will also not be able to receive certain government benefits such as welfare or federally funded housing. It is a class D felony. After I had some legal problems, Mr Bilkis and his firm continually got me out of trouble. If found guilty of PC 245 (c), a defendant could face up to 5 years in prison. 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. 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. Generally, the maximum amount of restitution is $15,000. 20 years and/or $20,000 fine. 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. 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.). Pen. N.Y. To use an example, if an individual were to hit a police officer intentionally with their car after being stopped by them, causing them grave physical injury, this would likely be classed as assault on a police officer. is considered a highly serious charge thats complex to fight in court. 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). What is the penalty for assaulting a police officer? Jaclyn holds a J.D. I contacted Stephen Bilkis' office for an issue regarding a family member and I could not be happier with the results. The government takes Second Degree Assault on a police officer extremely seriously. For instance, while a minor can cite age as a defense, age alone will not necessarily get the case dismissed. Stephen Neyman has been defending persons accused of criminal offenses, including assault and battery on a police officer, for decades. Law, Intellectual There are also a minority of states that have opted not to create such a crime. 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. This monetary fine is in addition to any other monetary fee and/or restitution. The lowest level charge of obstructing an officer is considered a felony. 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. However, assaulting a law enforcement officer is considered a highly serious charge thats complex to fight in court. Discover our vast array of legal resources and guidance. Regardless of the degree or category, assaulting a police officer is a violent and serious crime, and any conviction will be followed by a period of post release supervision, ranging from a year and a half to five years. An experienced criminal lawyer can inform you of your legal rights and can make sure that those rights are protected. Pen. You may also be required to pay a monthly fee related to post-release supervision of $30 per month. You will have to let you parole officer know if you change address and get permission to leave the state. 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 . & Summarized). Pen. is a more serious charge and a class C felony, in which the defendant causes death, risk of death, protracted disfigurement, loss of a bodily organ, or the serious impairment of health. ) 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. 3. Pen. And it is a class B violent felony. 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. 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. What Makes a Competent Witness in a Criminal Prosecution. Let our top rated Criminal Defense & DUI team review your case. Learn More >>>, Contact Stephen Bilkis & Associates, PLLC, Endangering the Welfare of a Child Defense, Additional New York Cities and Communities. These crimes are charged far more harshly than a standard assault crime. Regarding marijuana, he has also very well known and respected. The police can request that a person be charged with any charge that they believe is supported by their investigation. 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. Find out what we can do for you by contacting us to schedule a free, no obligation consultation regarding your case. 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. Request a free consultation now. 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. For more information, see PC 1001.95 Judicial Diversion. All rights reserved. Therefore, it is especially important that you a represented by an experienced criminal defense lawyer who can defend your rights. Law, Immigration 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. 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. For all else, it will be a second degree felony. Assault on a police officer is a class C felony. Another financial consequence of an assault in the second degree conviction is that you may be ordered to pay restitution to your victim. 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]. 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. 22-405. The lawyer handling our case had many years of experience and treated us as if we were his own family. These sentences can be higher based on a defendants criminal history. And jail or prison time is not the only possible penalty convicted individuals will face. This covers police, prison officers, custody officers, fire service personnel . State Penalties for Assaulting a Police Officer. However, the penalties severely increase if injury is inflicted. 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. In states that do not recognize assaulting a police officer as a separate crime, the act will be considered an aggravating factor to an assault charge. The law firm makes no warranties, representations, or claims of any kind concerning the information presented on this website. from Fordham University, majoring in both Journalism and the Classics (Latin). 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. Assault on a peace officer is a class C felony. 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. N.Y. N.Y. Pen. All Rights Reserved. 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. 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. In addition, you will not be able to own a gun, serve in the military, or serve on juries. 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. For this crime, the injury to the officer does not have to be a serious physical injury. N.Y. 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. SINGAPORE - Offenders who assault police officers in serious cases may face jail terms of up to seven years and caning, as the High Court unveiled a new sentencing framework . Law, Government (4) As used in this section: (a) 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 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. 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. The crime of assaulting a police officer is covered under California Penal Code Section 241 (c). The maximum possible sentence is 15 years in prison. For assault on a police officer or aggravated assault upon a police officer the injury must be serious- presenting a substantial risk of death. LegalMatch, Market 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. Essentially, a diverted prosecution, if successful, may help the defendant keep his job, avoid jail, and even avoid a criminal record for most purposes. Class 3 felony: presumptive term of three years & six months in prison. You will have a criminal record that will make several aspects of your life more challenging such as getting a job. 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. Slight physical contact falls under this charge. Submit your case to start resolving your legal issue. 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. Police do not always perform their duties according to procedure, resulting in an innocuous situation becoming violent. APO charges carry a stigma. However, there is a misdemeanor charge related to Assaulting the Police and it is found under the Third Degree Assault statute. A person who strikes, touches, moves or applies force to a police officer (either directly or indirectly) can be charged with Assaulting Police. For aggravated assault of a police officer, the minimum sentence is five years, with a maximum of 25 - this can be extended to life in prison for persistent felony offenders The terms assault and beat in the legal definition of Penal Code 149 are not synonymous. Probation Sentence: A probation sentence is a period of supervision in lieu of a jail sentence. 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. Note: The amount of force necessary to make the arrest is based on a case-by-case analysis. To be convicted of assault on a police officer, the injury cannot be slight. 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. Rather, they will help navigate the court process and prepare a foolproof defense to fight this charge. A person obstructs a police officer if they hinder, resist or attempt to obstruct the . The bottom-line is you are alleged with assaulting an officer. Pen. In fact, you will be barred from working in certain professions such as being a teacher or a lawyer. 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 information on this website is for general information purposes only. If convicted, the alleged assailant can face anywhere between two to 10 years in prison and fines as high as $10,000. There will be several rules that you must follow while you are on post-release supervision. N.Y. Her role entails writing legal articles for the law library division, located on the LegalMatch website. Barton was also the only chosen criminal defense attorney to present to the Michigan State Polices Impaired Driving Commission on the issues of driving under the influence of marijuana. michigancriminalattorney.com/attorney-morris/, 520 North Main Street | Royal Oak, MI 48067, A conservation officer of the Department of Natural Resources (DNR) or the Department of Environmental Quality, A Secret Service or Department of Justice agent, An individual engaged in a search and rescue operation as that term is defined in section 50c. My wife and I met under some unconventional circumstances. The maximum penalty that can be imposed for a single count of assault in the Magistrates Court is two years imprisonment. If an injury was inflicted on the police officer then the maximum penalties increase significantly. Lawful Necessity: PC 149 announces the most common defense used in response to an allegation of assault or battery by a peace officer. 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. However, if an officer either assaults or beats another person without legal justification, then PC 149 applies. 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. 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. If you do not pay a fine, fee or restitution, you may be charged with a misdemeanor and sent to prison for up to a year, your wages may be garnished or the state of New York may obtain a judgment against you. Regardless of which legal definition applies, the assaulter does not actually need to injure another person in order to be charged with criminal assault. Also, the judge may allow the defendants felony sentence to be split, or suspended (aka joint suspended prison sentence). 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. Aggravated assault; classification; definitions. Even if you have no prior convictions the minimum prison sentence you will receive is 2 years. Law 70.02. 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. As previously implied, the lawful element of the definition means that any police officer assaulted must have been prevented from performing their duties. I then had his firm represented my wife and he got her out of trouble! 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,. For clarity, the balance of this article will use the term battery in place of beat.. Nothing on this site should be taken as legal advice for any individual case or situation. Note: Beat is synonymous with battery in the PC 149 context. Potential Sentence. 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. California law treats peace officer safety as a top priority.