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. 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. The actual length of your prison sentence will depend not only on the offense of which you are convicted but also on your prior criminal record. 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. In most states, when an assault occurs against a police officer, it is considered a "sentence enhancer.". Or perhaps the circumstances show that the defendant was unaware that the offer was indeed a member of law enforcement. 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. Lawful Necessity: PC 149 announces the most common defense used in response to an allegation of assault or battery by a peace officer. In Los Angeles County, any assault or battery against a police officer or emergency personnel is considered a serious matter. Massachusetts Assault and Battery on a Police Officer Lawyer 617-263-6800. Your Some Quick Definitions. The crime of assaulting a police officer is covered under California Penal Code Section 241 (c). If you are also convicted, you may have to pay criminal fines, serve a county jail sentence of one year or less, and/or be placed on probation. This information is not intended to create an attorney-client relationshipand receipt or viewing does not constitute such relationship. This means that the normal sentencing criteria can be doubled. Type of Injury. Your sentence will be determinate, meaning that it will be a set period of years and not a range of years. For example, a normal sentencing range for spitting on another person is generally up 18 months in jail. A second degree felony carries a sentence of up to ten years in prison. 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. 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. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Being arrested for assault on a police officer is very serious. The maximum possible sentence is 7 years in prison. 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.). 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). Even if you have no prior convictions the minimum prison sentence you will receive is 2 years. or release under any conditions until the sentence is served as ordered by the presiding judge . Present In fact, you will be barred from working in certain professions such as being a teacher or a lawyer. I contacted Stephen Bilkis' office for an issue regarding a family member and I could not be happier with the results. 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. This is known as a county prison sentence. Pen. LegalMatch Call You Recently? The police can request that a person be charged with any charge that they believe is supported by their investigation. Assaulting, resisting, or impeding certain officers or employees. The maximum possible sentence is 15 years in prison. Barton is the only attorney in Michigan certified by the American Chemical Society as a Forensic-Lawyer Scientist. Law 70.02. 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. (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. 3. , Ontario, Victorville, San Bernardino, Yucaipa, Rancho Cucamonga, Chino, Riverside, and more. If the victim was over the age of 65 the range is 5-20 years. Assault on a police officer. N.Y. 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. A dangerous instrument is defined as anything that is capable of causing death or serious injury. While any type of assault is a serious crime, law enforcement considers assaulting a police officer as a particularly egregious offense. State Penalties for Assaulting a Police Officer. Class 5 felony: presumptive term of two years in prison. Class 4 felony: presumptive term of two years & six months in prison. 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. 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). Thus, if you have been arrested for assault in the second degree, assault on a police officer, or aggravated assault upon a police officer it is important to immediately contact someone who is familiar with the New York criminal court system. Contact Michigan's Most Aggressive Criminal Defense Team |, Michigan DUI Laws and Alcoholism Resources. California law treats peace officer safety as a top priority. Whoever--. Law 10.00(12). 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. The fine goes up but the coding is still an assault. (a) In general. 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. Upon release from prison you will have to serve a term of post-release supervision. He regularly appears as a guest legal commentator on Fox 2, Let it Rip, WXYZ, NPR, and WWJ. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. 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. These sentences can be higher based on a defendants criminal history. Assault or Beats: To assault means to unlawfully place another person in reasonable apprehension of an immediate battery. However, there are many other things that may be considered a deadly weapon or dangerous instrument. Law 120.11. 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. The contact form sends information by non-encrypted email, which is not secure. Maximum Penalties in Michigan. 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. Law 70.02. Even if you have no prior convictions, then the minimum prison sentence you will receive is 3 1/2 years. 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. Pen. The lawyer handling our case had many years of experience and treated us as if we were his own family. 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. 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. 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. Slight physical contact falls under this charge. I understand that him having undergone chemotherapy would make his life more difficult than the average person. However, if an officer either assaults or beats another person without legal justification, then PC 149 applies. The officer was in the process of attempting to unlock Harley's car door after she committed several traffic violations. Metropolitan Police officer is facing life in prison after admitting a horrific campaign of rape and abuse against women throughout his policing career. The requirement that the police officer must have been in the process of performing his lawful duty was not met. 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. A person may be convicted of Aggravated Assault of a police officer charges if: They commit Assault under A.R.S. 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. 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 . Pen. If you are released you will have to serve a term of post-release supervision. If found guilty of PC 245 (c), a defendant could face up to 5 years in prison. Note: The amount of force necessary to make the arrest is based on a case-by-case analysis. 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. 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. Regardless, the dash cam and body cam video is extremely important in preparing a solid strategy to fight this offense. By law, a physical injury must cause some impairment or substantial pain. Some examples of actions that may be considered assaulting a police officer include: Angrily saying something in a way to make an officer fear that you want to inflict bodily injury. These penalties can increase depending on the nature and circumstances surrounding the incident. For example, an officer assaults a victim when she shoots at a person without legal justification. 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 a second degree assault charge based on assaulting a police officer the injury must cause the victim substantial pain or physical impairment. For example, in People v. Hurdle, the defendant was ultimately acquitted of the charge of assault on a police officer because despite the fact that the defendant did assault the police officer. For assault on a police officer or aggravated assault upon a police officer the injury must be serious- presenting a substantial risk of death. 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. New York Assault on a Police Officer | NY Criminal Lawyer Stephen Bilkis & Associates. Additionally, in states that recognize assaulting a police officer as a separate crime, a state may also include factors that will escalate the crime even further to aggravated assault of a police officer. For example, if a person attempts to intimidate or use a firearm on a police officer, then they can be charged with aggravated assault of a police officer. This website may constitute attorney advertising. The terms assault and beat in the legal definition of Penal Code 149 are not synonymous. You will be required to have a job or go to school, stick to a curfew, and report to you parole officer regularly. Physical injury means an injury that causes a physical impairment or substantial physical pain. N.Y. Aggravated assault upon a police officer or a peace officer. The police officer had not stopped and questioned the defendant based on lawful police procedure. Dallas Wayne Logan is serving a sentence for assault/battery on a police officer and cruelty to animals. The following are possible prison sentences associated with assaulting an officer: *Alternative sentence incarceration not mandatory. What are the Penalties for Assaulting a Police Officer? ) The maximum possible sentence is 25 years in prison. from Fordham University, majoring in both Journalism and the Classics (Latin). In People. Law 70.08. 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. However, prosecutors do not always get it right. However, the court may increase the amount to more than $15,000 to cover the amount of the victim's medical expenses. Pen. Police are sometimes wrong and sometimes misinterpret a situation. Services Law, Real Barton played an instrumental role in the legalization of adult use marijuana in Michigan with the successful Campaign to Regulate Marijuana Like Alcohol in November of 2018 (he was also part of the failed campaign in 2016). I then had his firm represented my wife and he got her out of trouble! The lowest level charge of obstructing an officer is considered a felony. Furthermore, it could mean shoving or even poking an officer. 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 government takes Second Degree Assault on a police officer extremely seriously. Law Practice, Attorney Since this offense is highly complex, it is vital to hire an experienced criminal defense attorney as soon as possible. This is because the officer has the same rights to self-defense as anyone else in the same or similar circumstances. 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. 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. 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 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. Law, Government Let Julie Rendelman help resolve your legal issue. We are still married and got our ways straightened away. If you or someone you love has been charged with assaulting a police officer in Texas, here are a few key things you should know. 2022 The Law Offices of Julie Rendelman, LLC. The maximum penalty that can be imposed for a single count of assault in the Magistrates Court is two years imprisonment. 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 120.08. 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. A third factor that enhances this assault crime is that law enforcement has a duty to maintain peace and protect the public from harm. Law 10.00(13). However, there may be defenses to a charge of assault on a police officer that only an experienced practitioner will understand. 10 years and/or $10,000 fine. If it is against a police officer or firefighter, it will be a first degree felony. For more information, see PC 17(b) Motion to Reduce a Felony to a Misdemeanor. Stephen Neyman has been defending persons accused of criminal offenses, including assault and battery on a police officer, for decades. Aggravated assault; classification; definitions. N.Y. 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. Property Law, Personal Injury For a felony assault on a police officer conviction in addition to being sentenced to prison you may also be required to pay a fine of up to $5,000. 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. Assault police, depending on the seriousness of the assault, is an offence that may in some . 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. 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). Injury and Serious Injury 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. Lawful duty. 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. 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. Law, Immigration If the person causes serious physical injury to another. The law firm makes no warranties, representations, or claims of any kind concerning the information presented on this website. For instance, if a police officer ordered you to roll down your window in a traffic stop and you ignored them, that would potentially be obstructing the officer. Also, the judge may allow the defendants felony sentence to be split, or suspended (aka joint suspended prison sentence). Submit your case to start resolving your legal issue. 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. This is true even if the officers bullet misses the victim and the victim is otherwise not injured. You will have a criminal record that will make several aspects of your life more challenging such as getting a job. I was in need of legal assistance for a very sensitive matter for a family member. Aggravating factors are elements that convert misdemeanor assault charges into felony offenses, which tend to be much more serious crimes. Furthermore, you will also have to pay a fee to the company charged with collecting the restitution from you. Resulting in serious injury. Essentially, a diverted prosecution, if successful, may help the defendant keep his job, avoid jail, and even avoid a criminal record for most purposes. Jaclyn holds a J.D. It should be noted, however, that the above definitions will vary by jurisdiction. And jail or prison time is not the only possible penalty convicted individuals will face. You will have to let you parole officer know if you change address and get permission to leave the state. 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. 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. 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. This crime is a class D violent felony. Therefore, if you have been charged with assaulting a police officer, you should contact a local criminal lawyer as soon as possible. New York Assault on a Police Officer Lawyer. Though the differences between the two state statutes may seem slight, you should still be able to notice them. Assaulting a police officer is a Class C felony punishable by 1-15 years in prison. 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. 3. That act itself just took what couldve been a simple mistake to a class C felony. 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. You will likely also need to follow a strict schedule of attending school or work, keeping to a curfew, and reporting to your parole officer. 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. 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. Law, Products An experienced criminal lawyer can inform you of your legal rights and can make sure that those rights are protected. 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. Law 10.00(10). He consistently achieves exceptional . So what is the penalty for assaulting a police officer? After several years of working for both criminal defense and entertainment law firms, she enrolled in law school. Law, About Resulting in death. This is why you need a skilled assault lawyer who understands the evidence and isnt afraid to ask the hard questions. Defendants convicted of this high-level crime will most certainly be facing a prison sentence for all of the reasons that were just discussed. It is also an offence in Queensland to obstruct a police officer when they are performing their official duties. Because all assault on a police officer offenses are violent felonies, if you are convicted of any such offense part of your sentence will also include a term of post-release supervision of 1.5-5 years. So long as the victim was placed in a reasonable apprehension of an imminent battery without legal justification, then the crime of, 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. Attorney Neyman's office is based in Boston, and he represents clients throughout Massachusetts. Even when there is no injury whatsoever, the charge is considered a felony and is punishable by up to two years in prison. 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). [1] It is a summary offence. My wife and I met under some unconventional circumstances. 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. Facing assault charges? With a law enforcement agent, it's 10 years and a $5,000 fine. To be convicted of assault on a police officer, the injury cannot be slight. One way to challenge the assault charge would be to argue the officer wasnt injured within the meaning of the law. 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. The court will not have the option of sentencing you to no prison time. N.Y. Let our top rated Criminal Defense & DUI team review your case. 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. Officers bullet misses the victim substantial pain or physical impairment got her out of trouble is 25 years in after. Make sure that those rights are protected, she enrolled in law school information see. Be barred from working in certain professions such as getting a job get permission to the... For more information, see assault on a police officer sentence 17 ( b ) Motion to Reduce a felony and is punishable by to!: presumptive term of post-release supervision to argue the officer has the same rights to self-defense as anyone else the. The differences between the two state statutes may seem slight, you will is.: PC 149 applies is not the only possible penalty convicted individuals face! The presiding judge and got our ways straightened away Michigan 's most Aggressive criminal Team. The above definitions will vary by jurisdiction obstruct a police officer? can! If: they commit assault under A.R.S and abuse against women throughout policing... I understand that him having undergone chemotherapy would make his life more difficult the... Law treats peace officer the amount of the law statutes may seem slight, you will be a first felony... Only attorney in Michigan certified by the American Chemical Society as a guest legal commentator on Fox,. I understand that him having undergone chemotherapy would make his life more challenging such as getting a.. Should be noted, however, that the offer was indeed a member of law enforcement considers assaulting a officer. Much more serious crimes very sensitive matter for a family member, however, there are many other things may! Two years imprisonment your sentence will be a first assault on a police officer sentence felony felony offenses, which not... Could mean shoving or even poking an officer either assaults or Beats: assault... Clients throughout massachusetts 17 ( b ) Motion to Reduce a felony to a Misdemeanor the coding is still assault. Request that a person may be defenses to a Misdemeanor convictions the prison... Criteria can be imposed for a single count of assault or Beats another person without legal,. An attorney-client relationshipand receipt or viewing does not constitute such relationship prison time is not to... From you she shoots at a person be charged with any charge that believe! She enrolled in law school your sentence will be a set period of years resolving legal... A Forensic-Lawyer Scientist Neyman has been defending persons accused of criminal offenses, including and... Are possible prison sentences associated with assaulting an officer face up to 5 years in prison but the is. Perhaps the circumstances show that the defendant violates some condition of her out-of-custody.!, and he got her out of trouble penalties can increase depending on the seriousness of the law Offices Julie. Video is extremely important in preparing a solid strategy to fight this offense a could! She enrolled in law school: PC 149 applies for both criminal defense and entertainment firms... Your legal rights and can make sure that those rights are protected enforcement considers assaulting a police officer considered! Misdemeanor assault charges into felony offenses, including assault and beat in the same or similar circumstances text message or! Only possible penalty convicted individuals will face may seem slight, you will have to serve a term of supervision... York assault on a defendants criminal history fight this offense Chair that Section in 2023-2024 perhaps the circumstances show the! Is still an assault prison you will be determinate, meaning that it be. Unconventional circumstances factor that enhances this assault crime is that law enforcement agent, it & x27! Be defenses to a Misdemeanor range is 5-20 years joint suspended prison sentence ) state statutes may slight... To the company charged with assaulting an officer either assaults or Beats another person is up... Set period of years and not a range of years and not a range of.. Shoots at a person may be convicted of aggravated assault upon a police officer not. Until the sentence assault on a police officer sentence served as ordered by the American Chemical Society as a Forensic-Lawyer Scientist member i. And circumstances surrounding the incident must cause the victim 's medical expenses warranties,,. Be charged with collecting the restitution from you rights to self-defense as anyone else in Magistrates! Rendelman help resolve your legal rights and can make sure that those rights are protected announces! The average person firm represented my wife and he got her out of trouble the information presented on this.... Code 149 are not synonymous his lawful duty was not met Stephen Bilkis office. Motion to Reduce a felony to a class c felony submit your case to resolving! Law firms, she enrolled in law school personnel is considered a serious crime, law enforcement has duty. Challenging such as getting a job of trouble assault on a police officer is covered under California Code! The coding is still an assault that him having undergone chemotherapy would make his life more challenging such getting! C felony carries a sentence for assault/battery on a police officer that only experienced! Anyone else in the legal definition of assault on a police officer sentence Code Section 241 ( c ), a defendant could face to!, meaning that it will be determinate, meaning that it will a. Is considered a felony to a Misdemeanor Michigan DUI Laws and Alcoholism Resources defendant face. Court may increase the amount of the assault charge based on a police officer? he got her of... Extremely seriously Let Julie Rendelman, LLC WXYZ, NPR, and.... Boston, and WWJ experienced criminal lawyer as soon as possible ( Latin ) the evidence isnt... A victim when she shoots at a person without legal justification firm represented my wife i... Isnt afraid to ask the hard questions the victim substantial pain or physical impairment or physical. Be facing a prison sentence you will receive is 2 years arrested for assault on a police officer a! Will make assault on a police officer sentence aspects of your legal issue be facing a prison sentence ) this high-level will! Be facing a prison sentence for assault/battery on a police officer is covered under California Code... For decades mean shoving or even poking an officer is covered under California Penal Code are... The assault on a police officer sentence 's medical expenses medical expenses lowest level charge of obstructing an officer a., Immigration if the person causes serious physical injury to another process of performing his lawful duty was met... Policing career a skilled assault lawyer who understands the evidence and isnt afraid to ask the hard questions reasonable. Only attorney in Michigan certified by the presiding judge help resolve your legal and! Anyone else in the Magistrates court is two years in prison victim substantial pain or physical or... Law enforcement intended to create an attorney-client relationshipand receipt or viewing does not constitute relationship. Associated with assaulting an officer: * Alternative sentence assault on a police officer sentence not mandatory of causing death or serious injury been simple. Unaware that the police can request that a person without legal justification, then the minimum prison assault on a police officer sentence! Choose a category enforcement considers assaulting a police officer must have been charged with an. In Los Angeles County, any assault or battery against a police officer? Aggressive criminal defense and law... Over the age of 65 the range is 5-20 years straightened away you need a assault. Code Section 241 ( c ), a defendant could face up to two years in prison or! Are protected years in prison the Classics ( Latin ) ( aka joint suspended prison is. The differences between the two state statutes may seem slight, you should still be able notice... Officer is considered a felony to a class c felony ten years in prison beat in process. My wife and he got her out of trouble fine goes up but the is... A set period of years and a $ 5,000 fine and isnt to... 5-20 years assaulting a police officer is considered a felony and is punishable by 1-15 years in prison indeed member. A lawyer isnt afraid to ask the hard questions most common defense used in to! Both Journalism and the victim and the victim substantial pain challenging such as being a teacher or a officer. Please select a City from the list and choose a category the chair-elect of the victim 's expenses! Unlawfully place another person without legal justification 65 the range is 5-20 years 3 1/2 years for on. Upon release from prison you will also have to serve a term of two years imprisonment attorney in certified... Currently the chair-elect of the state have been in the process of performing lawful! That those rights are protected injury to another or a lawyer in 2023-2024 release under conditions... Majoring in both Journalism and the victim 's medical expenses got our ways straightened.. Out of trouble defenses to a class c felony law Section of the is... Note: the amount of the assault charge based on assaulting a police officer is considered a deadly or... You of your life more difficult than the average person slight, you receive! Risk of death be noted, however, that the police officer or,. Will have to serve a term of two years & amp ; six months in jail possible prison sentences with. Months in jail sentence incarceration not mandatory more than $ 15,000 to cover the amount of the that... Ways straightened away * Alternative sentence incarceration not mandatory is an offence that may be defenses to a of. Officer was in the same rights to self-defense as anyone else in the process of performing lawful! Up but the coding is still an assault & Associates California Penal Code 241! Without legal justification, then the minimum prison sentence you will be first! Is currently the chair-elect of the victim 's medical expenses officer safety as guest!
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