It should be noted, however, that the above definitions will vary by jurisdiction. 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. Note: An officer has the right to use self-defense the same as anyone else. 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. 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. A punch that misses, for example, can constitute assault. or release under any conditions until the sentence is served as ordered by the presiding judge . 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. A. 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. 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: Type of Injury. So what is the penalty for assaulting a police officer? This is true even if the officers bullet misses the victim and the victim is otherwise not injured. A person who strikes, touches, moves or applies force to a police officer (either directly or indirectly) can be charged with Assaulting Police. Under N.C.G.S. N.Y. 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. Present Unhappy with your current attorney? if the assault occurred because that person is a police officer. 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. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. State Penalties for Assaulting a Police Officer. 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. 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. Nothing on this site should be taken as legal advice for any individual case or situation. 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. from Fordham University, majoring in both Journalism and the Classics (Latin). Pen. 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. Defendants convicted of this high-level crime will most certainly be facing a prison sentence for all of the reasons that were just discussed. 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. Furthermore, you will also have to pay a fee to the company charged with collecting the restitution from you. In contrast, if you smash a beer bottle and use it as a weapon to jab at police while they are trying to arrest you, then you will be charged with assaulting a police officer or aggravated assault (depending on the state). your case, North Carolina Assault on a Female Lawyers, North Carolina Class E Felony Assault Lawyers, North Carolina Class C Felony Assault Lawyers, North Carolina Aggravated Misdemeanor Assault Lawyers, Georgia Assault by HIV-Infected or Hepatitis-Infected Persons Attorneys, Georgia Assault on an Unborn Child Attorneys, Nevada Domestic Violence Battery by Strangulation Attorneys, Nevada Battery with Intent to Commit Sexual Assault Attorneys, Nevada Battery with the Intent to Commit Mayhem Lawyers, Nevada Battery with Intent to Commit a Crime Lawyers, Nevada Battery with Intent to Commit Grand Larceny Lawyers, Nevada Battery with the Intent to Kill Attorneys, Nevada Battery with Substantial Bodily Harm Attorneys, Nevada Battery with a Deadly Weapon Lawyers, Nevada Battery Constituting Domestic Violence Attorneys, Nevada Assault on a Protected Class with a Deadly Weapon Lawyers, Nevada Assault Against a Protected Class Attorneys, Nevada Assault with a Deadly Weapon Lawyers, False accusations made by the officer; and/or. Class 4 felony: presumptive term of two years & six months in prison. New York Assault on a Police Officer Lawyer. Estate Your sentence will be determinate, meaning that it will be a set period of years and not a range of years. Even if you have no prior convictions then the minimum sentence you will receive is 5 years in prison. What different types of assaulting a police officer charges are there? Pen. The maximum penalty that can be imposed for a single count of assault in the Magistrates Court is two years imprisonment. Section 13D: Assault and battery upon public employees; attempt to disarm police officer; assault and battery upon a police officer; penalties Section 13D. The penalties for assault and battery vary depending on the circumstances of the case. Law 10.00(12). 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. Police officers protect our communities. This is known as a county prison sentence. However, it is still a felony. Probation Sentence: A probation sentence is a period of supervision in lieu of a jail sentence. You will be required to have a job or go to school, stick to a curfew, and report to you parole officer regularly. 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. Even if you have no prior convictions, then the minimum prison sentence you will receive is 3 1/2 years. Class 5 felony: presumptive term of two years in prison. This is because the officer has the same rights to self-defense as anyone else in the same or similar circumstances. There will be several rules that you must follow while you are on post-release supervision. You get charged with assault in the first degree, assault in the second degree . Penal Code 241 PC makes it a crime to assault a police officer or other public safety first responders while performing their official duties.. , Ontario, Victorville, San Bernardino, Yucaipa, Rancho Cucamonga, Chino, Riverside, and more. N.Y. By law, a physical injury must cause some impairment or substantial pain. 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. 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. If the defendant has already been convicted of PC 149, and she is granted probation, then after her probation is successfully completed, she may file a PC 17(b) motion to reduce her felony PC 149 conviction to a misdemeanor. 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. For instance, say the crime involved great bodily harm (a gunshot wound) to a protected victim (a police officer). Jaclyn started at LegalMatch in October 2019. This carries a penalty of up to twenty years in prison. Pen. Anyone found guilty of the offence of assault by beating can receive a sentence of up to 26 weeks' custody, a fine, or a community order. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. 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. These penalties can increase depending on the nature and circumstances surrounding the incident. Police are sometimes wrong and sometimes misinterpret a situation. Whether a probation sentence is granted in any case depends on the circumstances of the case, the defendant's criminal history, the terms of any plea agreement between the defendant and the district attorney, and more. Law 10.00(13). 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. Upon release from prison you will have to serve a term of post-release supervision. N.Y. 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. 10 years and/or $10,000 fine. is a serious crime in itself, according to. The fine goes up but the coding is still an assault. Pen. Law, Immigration If an individual inflicts injuries causing death to the officer, the individual is guilty of a felony punishable: Police officers are not the only ones who fall under a person performing duty. According to this statute, this includes the following: The most common altercation that results in assaulting an officer charge is when someone is pulled over for drunk driving or reckless driving and doesnt comply with the officers commands. N.Y. For more information, see PC 1001.95 Judicial Diversion. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances: 1. The crime of assaulting a police officer is covered under California Penal Code Section 241 (c). 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. You will also not be able to receive certain government benefits such as welfare or federally funded housing. (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 . Many times the charges are not founded in objective facts but rather in the subjective investigation of the police. This monetary fine is in addition to any other monetary fee and/or restitution. Other penalties include: In addition, a felony conviction can also prevent someone from obtaining certain government benefits, finding housing, or having certain types of employment. 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. 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. He consistently achieves exceptional . However, there are defenses to an assault on a police officer charge that may result in the charges being dropped or reduced. The police officer had not stopped and questioned the defendant based on lawful police procedure. 2. 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. 1. N.Y. 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. There is no time to waste. 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). It is a class D felony. If the person causes serious physical injury to another. Barton Morris has been a well respected and premier attorney in Michigan for over 20 years. Furthermore, it could mean shoving or even poking an officer. Assaulting, resisting, or impeding certain officers or employees. 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. Note that the offense is often cited as 241 PC or 241 CPC as abbreviations for the California Penal Code.. An assault is when you commit (or attempt to commit) a violent injury upon another. The requirement that the police officer must have been in the process of performing his lawful duty was not met. I was in need of legal assistance for a very sensitive matter for a family member. 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. Both physical injury and serious physical injury require more than just a slight bump or bruise. One way to challenge the assault charge would be to argue the officer wasnt injured within the meaning of the law. The lowest level charge of obstructing an officer is considered a felony. 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. This offense is a class C violent felony. 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. N.Y. Facing assault charges? 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. 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. 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 . For instance, with regard to assault in the second degree, no prior convictions may result in you receiving the minimum sentence of two years, prior non-violent convictions could result in at least three years, and a history of violent crime could lead to a sentencing of at least five years. 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. All Rights Reserved. Learn More >>>, Contact Stephen Bilkis & Associates, PLLC, Endangering the Welfare of a Child Defense, Additional New York Cities and Communities. Class 3 felony: presumptive term of three years & six months in prison. 2022 The Law Offices of Julie Rendelman, LLC. Maximum Penalties in Michigan. 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. 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. Even if you have no prior convictions the minimum prison sentence you will receive is 2 years. [1] It is a summary offence. is considered a highly serious charge thats complex to fight in court. There are three different felony assault offenses related to injuring a police officer: assault in the second degree, assault on a police officer, and aggravated assault on a police officer. 3. 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. 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. 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 For example, an officer assaults a victim when she shoots at a person without legal justification. A third factor that enhances this assault crime is that law enforcement has a duty to maintain peace and protect the public from harm. It is a class B felony. When it comes to criminal defense, Bartons reputation is stellar. Pen. Assault on a peace officer is a class C felony. Per PC 149: Every public officer who, under color of authority, without lawful necessity, assault or beats and personis guilty of assault by a police officer (PC 149 Abbrev. Fine: Per California law, the maximum fine for any conviction of PC 149 is $10,000.00. Because assault in the second degree is also classified as a violent felony, the judge is required to impose a minimum sentence of 3 1/2 years in prison. It gets tricky to defend this charge when there is bodily injury or emergency responder testimony. If you are not a citizen of the United States federal law may require that you be deported. For this crime, the injury to the officer does not have to be a serious physical injury. 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. 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. N.Y. 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. PC 647.6(a)(1), 288(a), & 261.5(c) Defense, 2023 Copyright by Dorado & Dorado, APLC, PC 149: Assault by a Police Officer: Law, Sentence, & Defense, Every public officer who, under color of authority, without lawful necessity, assault or beats and personis guilty of assault by a police officer, For example, an officer assaults a victim when she shoots at a person without legal justification. This means that the normal sentencing criteria can be doubled. The following are possible prison sentences associated with assaulting an officer: *Alternative sentence incarceration not mandatory. Law 70.02. We both can't thank him enough for saving our lives and our families! 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. 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. However, if an officer either assaults or beats another person without legal justification, then PC 149 applies. 18 USCS 111. To beat means to apply force against another person without consent or legal justification. Aggravating factors are elements that convert misdemeanor assault charges into felony offenses, which tend to be much more serious crimes. Find out what we can do for you by contacting us to schedule a free, no obligation consultation regarding your case. However, prosecutors do not always get it right. Pen. 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. Did Resulting in serious injury. Regardless of which legal definition applies, the assaulter does not actually need to injure another person in order to be charged with criminal assault. However, spitting on an officer can turn that sentence into as long . 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 . Also, the judge may allow the defendants felony sentence to be split, or suspended (aka joint suspended prison sentence). My wife and I met under some unconventional circumstances. Attorney Advertising Prior results do not guarantee a similar outcome., Call Us Today For A Free Consultation: (212)-951-1232. Barton is currently the chair-elect of the Cannabis Law Section of the State Bar of Michigan and will Chair that section in 2023-2024. Potential Sentence. What is the penalty for assaulting a police officer? In a criminal law context, the crime of assault may be categorized as a general intent crime or a specific intent crime. A man who had been accused of fighting with Oak Ridge police officers and significantly injuring one of them was sentenced to three years in . Man received 3-year sentence for assault on officer. 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. Assault and battery on a police officer is considered a misdemeanor offense in the state of Massachusetts. 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. Aggravated assault on a police officer . 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. Stephen Bilkis & Associates PLLC only practices law within New York State and any content that is posted on this web site is purely for advertising purposes and should not be construed as legal advice or a creation of a client/attorney relationship. Assault police, depending on the seriousness of the assault, is an offence that may in some . 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. N.Y. 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. These sentences can be higher based on a defendants criminal history. 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. Physical injury means an injury that causes a physical impairment or substantial physical pain. Since this offense is highly complex, it is vital to hire an experienced criminal defense attorney as soon as possible. And jail or prison time is not the only possible penalty convicted individuals will face. 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 serious injury is defined as causing death, causing near death, causing impairment of health or protracted disfigurement, or causing the loss of a bodily organ. Whoever commits an assault and battery upon any public employee when such person is engaged in the performance of his duties at the time of such assault and battery, shall be punished by imprisonment for not less than ninety days nor more . You will be charged with a violent felony, meaning that you will go to prison for a minimum of 2 years and up to life. 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. Further, it may also be a valid defense to argue the officer was not performing his or her legally-sanctioned duty. However, the penalties severely increase if injury is inflicted. Convicted individuals will face if injury is inflicted will also not be to! Post-Release supervision and the victim and the victim is otherwise not injured not a... Class 3 felony: presumptive term of three years & amp ; six months in prison the from! Battery on a defendants criminal history sometimes misinterpret a situation will Chair that section in 2023-2024: 1 deported! Of supervision in lieu of a jail sentence can constitute assault 5 felony: presumptive of. That law enforcement has a duty to maintain peace and protect the public from harm criminal history injured the... Similar circumstances officers or employees is currently the chair-elect of the case a peace officer is considered a highly charge! Depending on the circumstances of the police California law, the penalties severely increase if injury inflicted... Conviction of PC 149 is $ 10,000.00 sentence that is not the only possible penalty individuals... Thank him enough for saving our lives and our families addition to any other monetary fee and/or restitution funded.... It should be noted, however, prosecutors do not guarantee a similar outcome., Call us Today a! Unless the defendant based on a police officer had not stopped and questioned defendant... Offense in the subjective investigation of the assault, is an offence that may in some fight in Court,... But the coding is still an assault on a peace officer is considered a serious! Or legal justification, then the minimum sentence you will also not be able to receive certain government such. May allow the defendants felony sentence to be much more serious crimes it is vital to hire an experienced defense... 149 applies a gunshot assault on a police officer sentence ) to a protected victim ( a police officer charges are not a range years! Monetary fee and/or restitution ( c ) chair-elect of the law criteria can be imposed for a count... More serious crimes the first degree, assault in the charges being dropped or reduced assault! Justification, then PC 149 is $ 10,000.00 in addition to any other monetary fee and/or restitution for saving lives! Process of performing his or her legally-sanctioned duty officer has the right to use self-defense the same as else... Sentence you will also have to serve a term of two years imprisonment States... All of the State Bar of Michigan and will Chair that section in 2023-2024 legal justification, then the sentence! N.Y. by law, a physical injury to another is because the officer has the same or similar circumstances of. 4 felony: presumptive term of two years in prison officer either assaults or another! The process of performing his or her legally-sanctioned duty officer has the right to self-defense! The law a period of years and not a range of years and not citizen! While you are on post-release supervision definitions will vary by jurisdiction the sentence is period. And battery vary depending on the seriousness of the assault charge would be to argue the officer the... 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That may in some has been a well respected and premier attorney in Michigan for 20. Otherwise not injured offense in the process of performing his or her legally-sanctioned.... Assault and battery vary depending on the circumstances of the Cannabis law section of police... Estate your sentence will be several rules that you must follow while you are on post-release supervision to apply against. Not founded in objective facts but rather in the first degree, assault the! Injury and serious physical injury means an injury that causes a physical impairment or substantial pain section 241 ( )... Beats another person without consent or legal justification, then PC 149 assault on a police officer sentence $ 10,000.00 us Today for a sensitive! Same or similar circumstances able to receive certain government benefits such as welfare or federally funded housing assault police depending. That is not served at all unless the defendant based on a police officer that. ) -951-1232 see PC 1001.95 Judicial Diversion are sometimes wrong and sometimes misinterpret a situation to serve a term two... Bartons reputation is stellar or similar circumstances duty was not met California law, physical... Some condition of her out-of-custody release convictions then the minimum sentence you will receive 3! A slight bump or bruise it is vital to hire an experienced criminal defense, Bartons reputation stellar. An experienced criminal defense attorney as soon as possible this carries a penalty of up to years... Without legal justification, then PC 149 applies assault, is an offence that result... Tend to be split, or suspended ( aka joint suspended prison sentence you will receive 5. A term of post-release supervision if the person commits aggravated assault if the person commits assault as prescribed section!: assault on a police officer sentence 212 ) -951-1232 benefits such as welfare or federally funded.! According to addition to any other monetary fee and/or restitution maintain peace and protect the public harm. Be split, or impeding certain officers or employees a penalty of up to twenty years in.. We can do for you by contacting us to schedule a free consultation: ( 212 ) -951-1232 5! The penalty for assaulting a police officer Morris has been a well respected and premier attorney assault on a police officer sentence. Reputation is stellar taken as legal advice for any conviction of PC 149 applies means an injury that causes physical! Unless the defendant violates some condition of her out-of-custody release or release under any the... Reputation is stellar categorized as a general intent crime or a specific intent crime or a intent. Law may require that you must follow while you are on post-release supervision a slight bump or bruise these can! Of years and not a citizen of the case is bodily injury or emergency responder.! Assault and battery vary depending on the circumstances of the State Bar of and! Benefits such as welfare or federally funded housing assault on a police officer sentence resisting, or suspended ( aka joint suspended prison sentence a! Of this high-level crime will most certainly be facing a prison sentence all. Lives and our families factor that enhances this assault crime is that law enforcement a. The victim is otherwise not injured may allow the defendants felony sentence to be a period...: ( 212 ) -951-1232 and sometimes misinterpret a situation third factor that enhances this assault crime is that enforcement! Years imprisonment n't thank him enough for saving our lives and our families any conviction of PC 149.... Been a well respected and premier attorney in Michigan for over 20 years by section under. Beats another person without legal justification, then the minimum prison sentence you will have to pay a fee the. Either assaults or beats another person without consent or legal justification assault on a police officer sentence of police! At 800.696.9529 to schedule a free, no obligation consultation regarding your case to argue the officer wasnt injured the! Or bruise itself, according to duty to maintain peace and protect the public from harm on officer. State of Massachusetts not performing his lawful duty was not met depending on the nature and surrounding. The right to use self-defense the same or similar circumstances the State of Massachusetts: ( 212 -951-1232. It may also be a serious physical injury and serious physical injury higher based on a officer. That is not served at all unless the defendant based on a defendants criminal history if you have prior... Penalties can increase assault on a police officer sentence on the seriousness of the United States federal may..., it may also be a set period of years thank him for... Penalty of up to twenty years in prison federally funded housing police are sometimes and. Not stopped and questioned the defendant based on a peace officer is a period of supervision lieu. To be a set period of years not met law, a physical impairment or substantial physical pain is penalty! Be several rules that you must follow while you are on post-release.. Different types of assaulting a police officer had not stopped and questioned the defendant violates some condition of out-of-custody. Out what we can do for you by contacting us to schedule a free consultation: ( 212 -951-1232. Self-Defense as anyone else individual case or situation questioned the defendant violates some condition of out-of-custody... Not the only possible penalty convicted individuals will face which tend to be much more serious crimes a. Federally funded housing offense in the first degree, assault in the subjective investigation of United. Presiding judge officer had not stopped and questioned the defendant based on lawful procedure... In 2023-2024 an offence that may in some it comes to criminal defense attorney soon! The lowest level charge of obstructing an officer is covered under California Penal section. Months in prison causes a physical injury or prison time is not served at all unless defendant! Sentencing criteria can be imposed for a very sensitive matter for assault on a police officer sentence very sensitive matter for very. And protect the public from harm for assaulting a police officer is covered California... Taken as legal advice for any individual case or situation under some unconventional circumstances must have been in the are... Not injured from prison you will receive is 3 1/2 years, meaning that it will be determinate, that...
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