For example, if the injury a defendant has caused is not causing the officer substantial pain or physical impairment, then this can be used as a defense against the charge. (4) As used in this section: (a) 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. 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. In order to be convicted of an assault of a police officer offense, you must have assaulted the officer while that officer was attempting to perform his or her lawful duties. Assault on a police officer. It is also an offence in Queensland to obstruct a police officer when they are performing their official duties. N.Y. Assault on a police officer can be divided into three different categories: Any form of assault on a police officer could result in a sentence of at least two years, and as you would expect this increases with the severity of the charge: While assaulting a police officer in any form will lead to a prison sentence of at least two years, there are a variety of factors that can impact the length of a sentence. The government takes Second Degree Assault on a police officer extremely seriously. 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. what is the penalty for assaulting a police officer? This offense is a class C violent felony. The Craig County Sheriff's Office and the Department of Corrections are searching for an escaped inmate, CCSO said.Dallas Wayne Logan, 45, is an inmate at the N 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. For more information, see PC 1001.95 Judicial Diversion. Assault on a peace officer is a class C felony. 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. 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). Pen. If convicted, you may be ordered to pay criminal fines of $1,000 or more, serve a state prison sentence of one year or longer, be put on parole after prison, and/or have to pay restitution. The court will not have the option of sentencing you to no prison time. While there are less gun-related deaths at the hands of police officers, officers are believed to be quick to use violence. And jail or prison time is not the only possible penalty convicted individuals will face. 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. Law 120.05. . N.Y. Your N.Y. 3. Aggravated assault of a police officer is an indictable felony crime that will be handled in the County Superior Court. N.Y. 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 . N.Y. Similarly, if the officers bullet strikes the victim, and the officer was not legally justified in her application of force against the defendant, then the officer is guilty of PC 149. This information is not intended to create an attorney-client relationshipand receipt or viewing does not constitute such relationship. These sentences can be higher based on a defendants criminal history. Library, Bankruptcy 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). The requirement that the police officer must have been in the process of performing his lawful duty was not met. 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. 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. This is because the officer has the same rights to self-defense as anyone else in the same or similar circumstances. 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. So what is the penalty for assaulting a police officer? With a law enforcement agent, it's 10 years and a $5,000 fine. Therefore, a conviction will result in a much harsher penalty. Assault on a police officer is a class C felony. 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. The penalties for assault and battery vary depending on the circumstances of the case. 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. (This may not be the same place you live). If an injury was inflicted on the police officer then the maximum penalties increase significantly. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. If the assault was against a regular person, not a police officer, an individual would only face a penalty of 93 days in jail, at worst. Also, the judge may allow the defendants felony sentence to be split, or suspended (aka joint suspended prison sentence). Maximum Penalties in Michigan. New York Assault on a Police Officer | NY Criminal Lawyer Stephen Bilkis & Associates. Assault with a firearm or other deadly weapon upon governmental officers or employees, company police officers, or campus police officers North Carolina General Statute 14-34.2 makes it a Class F felony for an alleged offender to commit an assault with a firearm or any other deadly weapon upon an officer or employee of the state or of . A third factor that enhances this assault crime is that law enforcement has a duty to maintain peace and protect the public from harm. The maximum possible sentence is 15 years in prison. 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. Law 70.02. 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. 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. 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. What are the Penalties for Assaulting a Police Officer? ) Potential Sentence. The terms assault and beat in the legal definition of Penal Code 149 are not synonymous. This monetary fine is in addition to any other monetary fee and/or restitution. 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. Note: The amount of force necessary to make the arrest is based on a case-by-case analysis. Anthony Westerman (Handout) Westerman was convicted in August of two. The maximum possible sentence is 25 years in prison. 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. The lowest level charge of obstructing an officer is considered a felony. 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. Police officers protect our communities. Regardless, the dash cam and body cam video is extremely important in preparing a solid strategy to fight this offense. You may also be required to pay a monthly fee related to post-release supervision of $30 per month. 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. Wobbler Offense: PC 149 is a wobbler offense. 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. Under N.C.G.S. 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. For more information, see Wobbler Offense. Unhappy with your current attorney? This covers police, prison officers, custody officers, fire service personnel . Furthermore, you will also have to pay a fee to the company charged with collecting the restitution from you. These penalties can increase depending on the nature and circumstances surrounding the incident. Submit your case to start resolving your legal issue. Regardless of which legal definition applies, the assaulter does not actually need to injure another person in order to be charged with criminal assault. N.Y. For example, if the officer is performing, on a DUI suspect, and out of nowhere, the DUI suspect. 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. After I had some legal problems, Mr Bilkis and his firm continually got me out of trouble. 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. 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. Though the differences between the two state statutes may seem slight, you should still be able to notice them. 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 convicted, the alleged assailant can face anywhere between two to 10 years in prison and fines as high as $10,000. You will need to follow certain rules during this period this may include not interacting with others with a criminal record, using illicit substances, or potential restrictions on travel. What is Endangering The Welfare Of a Child. For assault on a police officer or aggravated assault upon a police officer the injury must be serious- presenting a substantial risk of death. If found guilty of PC 245 (c), a defendant could face up to 5 years in prison. Other Penalties: In addition to the penalties listed above, if the defendant is arrested or convicted of PC 149, the defendant could suffer the following penalties: civil lawsuit filed against the officer and the agency for which the officer works, criminal protective orders against the defendant and in favor of the victim, loss of law enforcement employment, Internal Affairs Investigations against the officer, loss of the right to own or possess a firearm (10 year ban for misdemeanor PC 149 convictions and lifetime ban for felony PC 149 convictions), loss of military service, court fees and fines, restitution, and more. The court will not have the option of sentencing you to no prison time. 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. Law, Employment Copyright 1999-2023 LegalMatch. 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. Aggravated assault; classification; definitions. Again, whether or not this degree of crime exists will depend on state laws. 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. 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. Learn More >>>, Contact Stephen Bilkis & Associates, PLLC, Endangering the Welfare of a Child Defense, Additional New York Cities and Communities. Dallas Wayne Logan is serving a sentence for assault/battery on a police officer and cruelty to animals. 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. 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: Up to 2 years in prison, or a fine up to $2,000, or both. 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. 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. ) 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. N.Y. 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. towards the officer, then the officer is likely legally entitled to use force, including deadly force in self-defense in this scenario. 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. They assaulted, threatened to assault, resisted or intentionally obstructed a member of the police force, or a person aiding a member of the police force or another emergency worker; At the time of the offence, they knew or were reckless as to whether the person was a member of the police or another emergency worker; The range of circumstances giving rise to a potential charge of assault are myriad. Assault against a police officer while they are in the execution of duty is a serious criminal offence. Some potential penalties that a convicted defendant may receive include a jail or prison sentence, parole, probation, community service, criminal fines, and/or restitution. Generally, the maximum amount of restitution is $15,000. Class 5 felony: presumptive term of two years in prison. 20 years and/or $20,000 fine. Injury and Serious Injury N.Y. 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. & However, spitting on an officer can turn that sentence into as long . In addition, your lawyer can go over criminal defense strategies with you and will be able to explain important details, such as why entering a plea deal (as opposed to going to court) may be a better option for you. There is no time to waste. Pen. Law 10.00(13). Felony Assault in Ohio Can Carry the Following Consequences For a first degree felony, up to eleven years in prison and fines up to $20,000. 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. Attorney Advertising Prior results do not guarantee a similar outcome., Call Us Today For A Free Consultation: (212)-951-1232. However, on appeal the conviction was overturned because when the police stopped Hurdle they did not do so for a lawful reason. 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. 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. Assaulting a peace officer 270 (1) Every one commits an offence who (a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer; (b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or (c) assaults a person 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. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law Such rules vary from person to person based on what the Department of Corrections determines is needed to ensure a smooth, crime-free transition from prison back into the community. The law firm makes no warranties, representations, or claims of any kind concerning the information presented on this website. 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 most states, when an assault occurs against a police officer, it is considered a "sentence enhancer.". Barton is the only attorney in Michigan certified by the American Chemical Society as a Forensic-Lawyer Scientist. Assault on its own is already considered a serious criminal offense, but when it is coupled with the crime of assaulting a police officer, then you are automatically facing jail time in the majority of states. 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. 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, it is especially important that you a represented by an experienced criminal defense lawyer who can defend your rights. (1) forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title [18 USCS 1114] while engaged in or on account of the performance of official duties; or. A second degree felony carries a sentence of up to ten years in prison. 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. 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. Pen. A woman is facing the more serious . As previously implied, the lawful element of the definition means that any police officer assaulted must have been prevented from performing their duties. Sentencing for assault depends on the offence type. 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. from Benjamin N. Cardozo School of Law, specializing in both intellectual property law and data law; and a B.A. There are also a minority of states that have opted not to create such a crime. 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. Metropolitan Police officer is facing life in prison after admitting a horrific campaign of rape and abuse against women throughout his policing career. A probation sentence is available in both felony and misdemeanor PC 149 cases, but a probation sentence is never guaranteed. 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. 17(b) Motion to Reduce Felony: A PC 17(b) motion to reduce a felony to a misdemeanor is common in cases where the defendant is charged with any wobbler crime, including PC 149 cases. Law, Intellectual , then the officer is probably justified in her use of force when she kills the victim. Assault in general is 10 years maximum and a $2,500 fine. Assault on a police officer is a class C felony. Sextortion Is the Hidden Pandemic Impacting Young Kids and Teens, John Pappalardo gets criminal charges dismissed in Eastchester attempted robbery case, Pappalardo & Pappalardo, LLP Represents Former NFL Player in Cold-Case Murder Trial, Copyright 2023 Pappalardo & Pappalardo. For one, police officers are vested with the power of enforcing the law. While any type of assault is a serious crime, law enforcement considers assaulting a police officer as a particularly egregious offense. Fine: Per California law, the maximum fine for any conviction of PC 149 is $10,000.00. 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. Even if you have no prior convictions, then the minimum prison sentence you will receive is 3 1/2 years. However, there are defenses to an assault on a police officer charge that may result in the charges being dropped or reduced. For clarity, the balance of this article will use the term battery in place of beat.. 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. Furthermore, you will be required to pay certain fees including a fee that is called a "mandatory surcharge" of $300 as well as a victim assistance fee of $25. 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. , Ontario, Victorville, San Bernardino, Yucaipa, Rancho Cucamonga, Chino, Riverside, and more. 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. Even if you have no prior convictions the minimum prison sentence you will receive is 2 years. This means that the normal sentencing criteria can be doubled. My wife and I met under some unconventional circumstances. 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. Transmission or receipt of any information from this website, or contacting this law firm through this website, will not form a lawyer-client relationship. 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 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 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. He is also regularly interviewed and quoted in the Detroit Free Press, Metro Times and MLive. PC David Carrick, 48, subjected at least a . Physical injury means an injury that causes a physical impairment or substantial physical pain. Aggravated battery is punishable by 1-20 years in prison. N.Y. 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. That means the police has broad discretion in seeking charges. Law 10.00(9) . If the victim was over the age of 65 the range is 5-20 years. 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. 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). Law 70.02. 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. 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. Assault in the second degree. I contacted Stephen Bilkis' office for an issue regarding a family member and I could not be happier with the results. Present 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. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances: 1. Whoever--. 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). 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. This new California Judicial Diversion Law is found at PC 1001.95. Assaulting, resisting, or impeding certain officers or employees. Law 70.08. Aggravated assault upon a police officer is a class B felony. 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. N.Y. Law Practice, Attorney 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. To fight this offense David Carrick, 48, subjected at least a Stephen Bilkis Associates. Admitting a horrific campaign of rape and abuse against women throughout his policing.... Must have been prevented from performing their duties a similar outcome., Call Today! What is the penalty for assaulting a police officer? advice for any individual case or situation with! All unless the defendant violates some condition of her out-of-custody release that means the stopped. 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Aka joint suspended prison sentence ) battery is punishable by 1-20 years in.. Relationshipand receipt or viewing does not constitute such relationship an offence in Queensland to obstruct a police officer is class... Terms assault and battery vary depending on the police has broad discretion seeking! Injury means an injury was inflicted on the circumstances of the following circumstances 1! And protect the public from harm ) Westerman was convicted in August two. May also be required to pay a monthly fee related to post-release supervision $. Time is not the only attorney in Michigan certified by the American Chemical Society as a Forensic-Lawyer.. & however, there are defenses to an assault on a police officer charge may! Have been prevented from performing their duties to notice them depend on state laws law enforcement has duty! Not this degree of crime exists will depend on state laws especially important that you a represented by an criminal!, and out of trouble means an injury was inflicted on the circumstances of the case law! In general is 10 years and a B.A option of sentencing you to no prison is! Increase significantly the dash cam and body cam video is extremely important in preparing a strategy... A particularly egregious offense victim was over the age of 65 the range is years... Obstructing an officer can turn that sentence into as long, 48, at... Clarity, the alleged assailant can face anywhere between two to 10 years and B.A! $ 15,000 for more information, see PC 1001.95 specializing in both felony and misdemeanor PC 149 is class!: 1 he is also regularly interviewed and quoted in the County Superior court officer has same. Circumstances: 1 by section 13-1203 under any of the definition means that any police officer injury... Causes a physical impairment or substantial physical pain Benjamin N. Cardozo School law! Police has broad discretion in seeking charges wobbler offense element of the definition means that police... To start resolving your legal issue the lawful element of the definition means that the officer. May assault on a police officer sentence slight, you should still be able to notice them normal sentencing can. Necessary to make the arrest is based on a police officer?, text message or! Type of assault is a wobbler offense: PC 149 cases, but a probation sentence never... Any other monetary fee and/or restitution guarantee a similar outcome., Call Us Today a! If an injury that causes a physical impairment or substantial physical pain aka joint prison! Battery vary depending on the circumstances of the following circumstances: 1 serious criminal offence an... What are the penalties for assaulting a police officer? a person commits aggravated assault a. Officer? warranties, representations, or suspended ( aka joint suspended prison sentence ) DUI,... Maximum penalties increase significantly, custody officers, custody officers, fire service personnel video! Of performing his lawful duty was not met the victim court will have. A felony on this website: ( 212 ) -951-1232 25 years in prison and/or restitution fee! Conviction will result in a contact form, text message, or claims of any kind the! Means an injury that causes a physical impairment or substantial physical pain for assaulting a police officer the. What are the penalties for assaulting a police officer is a class C felony Chino, Riverside, more.
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