Defendants convicted of this high-level crime will most certainly be facing a prison sentence for all of the reasons that were just discussed. All Rights Reserved. Police do not always perform their duties according to procedure, resulting in an innocuous situation becoming violent. Law, Immigration Law 70.02. 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. Call today! (This may not be the same place you live). 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. Offences involving injury or serious injury The above charges of assaults on police are generally laid only where the complainant suffers minimal injuries (such as bruising only) or no injuries. 2. Assault in the second degree. Law 120.11. 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. 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). A vehicle is one example of a dangerous instrument. Man received 3-year sentence for assault on officer. 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. Assaulting a police officer is a Class C felony punishable by 1-15 years in prison. The penalties in Michigan ( MCL 750.479) for resisting, obstructing, assaulting or endangering an officer in the performance of duties are: Resisting and Obstructing. It is also an offence in Queensland to obstruct a police officer when they are performing their official duties. 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. 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. State Penalties for Assaulting a Police Officer. 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. today for a free consultation. Attorney Neyman's office is based in Boston, and he represents clients throughout Massachusetts. New York Assault on a Police Officer Lawyer. Property Law, Personal Injury 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. 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. The bottom-line is you are alleged with assaulting an officer. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law While there are less gun-related deaths at the hands of police officers, officers are believed to be quick to use violence. For one, police officers are vested with the power of enforcing the law. https://str.sg/3hEu. LegalMatch, Market If you are a persistent felony offender, assaulting a police officer could even land you a life sentence. You would have committed this offense if you intentionally seriously injure a police officer who was attempting to perform his official duties. However, prosecutors do not always get it right. The court will not have the option of sentencing you to no prison time. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. If it is against a police officer or firefighter, it will be a first degree felony. . & 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. For instance, say the crime involved great bodily harm (a gunshot wound) to a protected victim (a police officer). Further, it may also be a valid defense to argue the officer was not performing his or her legally-sanctioned duty. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with misdemeanors and felonies such as assault in the first degree, assault in the second degree, menacing, reckless endangerment, stalking, rape, and child endangerment. 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: 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). This is known as a county prison sentence. Pen. One way to challenge the assault charge would be to argue the officer wasnt injured within the meaning of the law. Law 120.05. . In addition to his prison sentence, Arganbright will forfeit his law enforcement certification and be required to register as a sex offender. The police officer had not stopped and questioned the defendant based on lawful police procedure. kicking, punching or pushing a police officer to stop them arresting you or someone you know; threatening a police officer who is arresting you or interviewing you as part of an investigation; and seeking out, and threatening or assaulting, a police officer when they are off duty. Our experience was so good, and we became so close to all of the staff and all of the attorneys who assisted us, that we consider them our extended family and continue to send them our home baked gifts for the holidays. 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. 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. In a criminal law context, the crime of assault may be categorized as a general intent crime or a specific intent crime. Armed Met officer, 48, nicknamed 'B***ard Dave' pleads guilty to 71 sex crimes including 48 rapes against 12 women who he urinated on, locked in cupboards and hit with a belt after winning their . LegalMatch Call You Recently? Assault against a police officer while they are in the execution of duty is a serious criminal offence. Therefore, a conviction will result in a much harsher penalty. Essentially, a diverted prosecution, if successful, may help the defendant keep his job, avoid jail, and even avoid a criminal record for most purposes. 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). 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). 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. 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. Lawful Necessity: PC 149 announces the most common defense used in response to an allegation of assault or battery by a peace officer. Barton was also the only chosen criminal defense attorney to present to the Michigan State Polices Impaired Driving Commission on the issues of driving under the influence of marijuana. New York Assault on a Police Officer | NY Criminal Lawyer Stephen Bilkis & Associates. I contacted the law offices of Stephen Bilkis & Associates, PLLC and was met with staff whose demeanor was supportive, compassionate and professional. Aggravated battery is punishable by 1-20 years in prison. This new California Judicial Diversion Law is found at PC 1001.95. Being arrested for assault on a police officer is very serious. And jail or prison time is not the only possible penalty convicted individuals will face. If the person causes serious physical injury to another. 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. After I had some legal problems, Mr Bilkis and his firm continually got me out of trouble. New York Law Explained, Theft of Services: New York Law Explained , Recognition for Julie Rendelman's Lawyer Legion Community Involvement. 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. With a law enforcement agent, it's 10 years and a $5,000 fine. 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. 3. Pen. The crime of assaulting a police officer is covered under California Penal Code Section 241 (c). Generally, the maximum amount of restitution is $15,000. Metropolitan Police officer is facing life in prison after admitting a horrific campaign of rape and abuse against women throughout his policing career. Massachusetts Assault and Battery on a Police Officer Lawyer 617-263-6800.
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