Finally, while the crime of assaulting a police officer shares many of the same elements as simple assault, the fact that it is committed against a law officer enhances the degree of the crime (similar to aggravating factors). Law 70.02. from Fordham University, majoring in both Journalism and the Classics (Latin). Curtis Arganbright, 43, a former Westminster Police Department (WPD) officer, was sentenced today in federal court in Denver, Colorado, to 72 months in prison and three years supervised release. 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. what is the penalty for assaulting a police officer? 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. 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. 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. 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. 1. The maximum sentence for assault on a police officer is fifteen years, with a minimum sentence of three and a half years in prison, regardless of any prior convictions. is considered a highly serious charge thats complex to fight in court. Copyright 1999-2023 LegalMatch. This information is not intended to create an attorney-client relationshipand receipt or viewing does not constitute such relationship. However, if an officer either assaults or beats another person without legal justification, then PC 149 applies. 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 . The following are possible prison sentences associated with assaulting an officer: *Alternative sentence incarceration not mandatory. The penalties in Michigan ( MCL 750.479) for resisting, obstructing, assaulting or endangering an officer in the performance of duties are: Resisting and Obstructing. In Arizona, the penalties for assault on a police officer may include: Class 2 felony: presumptive term of five years in prison. The criminal penalties issued for assaulting a police officer will largely depend on the laws of the jurisdiction hearing the case as well as on the circumstances surrounding a particular matter. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances: 1. 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. Maximum Penalties in Michigan. A person who strikes, touches, moves or applies force to a police officer (either directly or indirectly) can be charged with Assaulting Police. Law, About 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. Aggravated battery is punishable by 1-20 years in prison. You will have a criminal record that will make several aspects of your life more challenging such as getting a job. 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). 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. 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. To beat means to apply force against another person without consent or legal justification. An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties is guilty of a felony punishable: Slight physical contact falls under this charge. Or perhaps the circumstances show that the defendant was unaware that the offer was indeed a member of law enforcement. Regardless of which legal definition applies, the assaulter does not actually need to injure another person in order to be charged with criminal assault. Pen. While doing their job, they can become injured sometimes because of the actions of those they are trying to arrest. For instance, while a minor can cite age as a defense, age alone will not necessarily get the case dismissed. Pen. It is also an offence in Queensland to obstruct a police officer when they are performing their official duties. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law Note: An officer has the right to use self-defense the same as anyone else. Wobbler Offense: PC 149 is a wobbler offense. However, prosecutors do not always get it right. Call today! 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. This is because the officer has the same rights to self-defense as anyone else in the same or similar circumstances. The law firm makes no warranties, representations, or claims of any kind concerning the information presented on this website. Since this offense is highly complex, it is vital to hire an experienced criminal defense attorney as soon as possible. Pen. Pen. For assault on a police officer or aggravated assault upon a police officer the injury must be serious- presenting a substantial risk of death. APO charges carry a stigma. 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. Present Being arrested for assault on a police officer is very serious. A new offence will double the maximum sentence from 6 to 12 months in prison for assaulting an emergency worker. If the victim was over the age of 65 the range is 5-20 years. Assault police, depending on the seriousness of the assault, is an offence that may in some . 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. 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. Aggravated assault of a police officer is an indictable felony crime that will be handled in the County Superior Court. Massachusetts Assault and Battery on a Police Officer Lawyer 617-263-6800. Regarding marijuana, he has also very well known and respected. The maximum possible sentence is 15 years in prison. 2.Class 3, Class 4 or Class 6 Felony. A probation sentence is available in both felony and misdemeanor PC 149 cases, but a probation sentence is never guaranteed. However, there are many other things that may be considered a deadly weapon or dangerous instrument. When a person commits the general intent crime of assault (e.g., assault as a threat), assault is typically defined as the intent to create reasonable apprehension of immediate bodily harm. However, it is still a felony. In every area of law he has practiced he has excelled to the top of his field always ensuring that his clients receive the highest and best level of service available. 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. If you are convicted you will be incarcerated for multiple years, have to pay fines and have a criminal record. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. According to Texas law, Texas Penal Code Ann. 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. What Makes a Competent Witness in a Criminal Prosecution. I was impressed with their professionalism and would recommend them to friends and family in a heartbeat. Some Quick Definitions. These penalties differ significantly from a . If you willfully use or threaten violence against another person, it's a crime in California under assault and battery laws. 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. Pen. Find out what we can do for you by contacting us to schedule a free, no obligation consultation regarding your case. Essentially, a diverted prosecution, if successful, may help the defendant keep his job, avoid jail, and even avoid a criminal record for most purposes. 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. The police can request that a person be charged with any charge that they believe is supported by their investigation. The range of circumstances giving rise to a potential charge of assault are myriad. Because of this, there are harsh consequences: 1.Mandatory Prison Sentence in the Department of Corrections. 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. Additionally, the kind of injury that is caused can also be used as a defence. 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. Your sentence will be determinate, meaning that it will be a set period of years and not a range of years. Another financial consequence of an assault in the second degree conviction is that you may be ordered to pay restitution to your victim. 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. 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. For instance, say the crime involved great bodily harm (a gunshot wound) to a protected victim (a police officer). Get in contact with the Law Offices of Julie Rendelman today and we can arrange a free consultation to discuss the details of your case, as well as the options you can take. A third factor that enhances this assault crime is that law enforcement has a duty to maintain peace and protect the public from harm. 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. Section 13D: Assault and battery upon public employees; attempt to disarm police officer; assault and battery upon a police officer; penalties Section 13D. In People. I was in need of legal assistance for a very sensitive matter for a family member. Touching a police officer in a way that is offensive or harmful. Even when there is no injury whatsoever, the charge is considered a felony and is punishable by up to two years in prison. Sentence for PC 245 (c) Prison Sentence: The crime of assault on a police officer is classified as a felony. 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. However, there may be defenses to a charge of assault on a police officer that only an experienced practitioner will understand. An experienced criminal lawyer can inform you of your legal rights and can make sure that those rights are protected. Assaulting, resisting, or impeding certain officers or employees. N.Y. You get charged with assault in the first degree, assault in the second degree . Anthony Westerman (Handout) Westerman was convicted in August of two. Being convicted of assault also can have substantial financial consequences as you will likely be required to pay a fine, fees and restitution. 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. Assault or Beats: To "assault" means to unlawfully place another person in reasonable apprehension of an immediate battery.To "beat" means to apply force against another person without consent or legal justification.The terms "assault" and "beat" in the legal definition of Penal Code 149 are not synonymous. Prison sentences for PC 245 (c) are served at fifty percent (50%) of the actual sentence ordered if the defendant serves his or her time with good behavior. Probation will not be an option. You will have to let you parole officer know if you change address and get permission to leave the state. 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. N.Y. You can learn more about Jaclyn here. If youve been arrested for assaulting an officer, contact a criminal defense attorney right away. 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). 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. 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. Injury and Serious Injury today for a free consultation. Lawful Necessity: PC 149 announces the most common defense used in response to an allegation of assault or battery by a peace officer. And jail or prison time is not the only possible penalty convicted individuals will face. The penalties for assault and battery vary depending on the circumstances of the case. 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. Class 3 felony: presumptive term of three years & six months in prison. PC 149: Assault or Beat by a Police Officer: Excessive Use of Force. 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 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. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County. Even if you have no prior convictions then the minimum sentence you will receive is 5 years in prison. So what is the penalty for assaulting a police officer? 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. N.Y. 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. 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. 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. 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. A skilled lawyer will not advise you to plead guilty on the get-go. We are still married and got our ways straightened away. Assault in the second degree. N.Y. 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. 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 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. 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. 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. Even if you have no prior convictions, then the minimum prison sentence you will receive is 3 1/2 years. Transmission or receipt of any information from this website, or contacting this law firm through this website, will not form a lawyer-client relationship. However, if an officer either assaults or beats another person without . 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. 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. PC 1170(h) Sentencing: If the defendant is sentenced to a felony conviction of PC 149, and she is not granted probation, then her incarceration will be served in a local county jail. For example, if the officer is performing, on a DUI suspect, and out of nowhere, the DUI suspect. 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. 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. 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). For more information, see PC 1001.95 Judicial Diversion. Submit your case to start resolving your legal issue. , then the officer is probably justified in her use of force when she kills the victim. Pen. Assault on member of police force, campus or university special police, or fire department. Judicial Diversion: New California law allows some defendants to enter diversion, even over the objection of the DA. 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. The maximum sentence for assault on a police officer is fifteen years, with a minimum sentence of three and a half years in prison, regardless of any prior convictions. Your 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. Therefore, a conviction will result in a much harsher penalty. 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