Massachusetts Assault and Battery on a Police Officer Lawyer 617-263-6800. If you violate any of the terms of your post-release supervision you will receive a revocation hearing. In addition, you will not be able to own a gun, serve in the military, or serve on juries. Type of Injury. & Class 5 felony: presumptive term of two years in prison. Additionally, the kind of injury that is caused can also be used as a defence. Since this offense is highly complex, it is vital to hire an experienced criminal defense attorney as soon as possible. Under Color of Authority: The term under color of authority in PC 149 means that the officer assaulted a person while he or she was on the job, as opposed to when the officer is not working in his or her official capacity as an officer. 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. However, the court may increase the amount to more than $15,000 to cover the amount of the victim's medical expenses. Probation Sentence: A probation sentence is a period of supervision in lieu of a jail sentence. The bottom-line is you are alleged with assaulting an officer. 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. However, if an officer either assaults or beats another person without legal justification, then PC 149 applies. According to Texas penal code 22.01, assault occurs when a person "intentionally knowingly, or recklessly causes bodily injury to another" or threatens another person with imminent bodily . Sentence for PC 245 (c) Prison Sentence: The crime of assault on a police officer is classified as a felony. What is the penalty for assaulting a police officer? On the other hand, if the officer shoots to kill a suspect who fails to stop at a. , 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). 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. Therefore, if you have been charged with assaulting a police officer, you should contact a local criminal lawyer as soon as possible. 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. 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. 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. N.Y. 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. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law Lawful duty. In a criminal law context, the crime of assault may be categorized as a general intent crime or a specific intent crime. However, there are defenses to an assault on a police officer charge that may result in the charges being dropped or reduced. If found guilty of PC 245 (c), a defendant could face up to 5 years in prison. For a second degree assault charge based on assaulting a police officer the injury must cause the victim substantial pain or physical impairment. Note: The amount of force necessary to make the arrest is based on a case-by-case analysis. Aggravating factors are elements that convert misdemeanor assault charges into felony offenses, which tend to be much more serious crimes. Class 3 felony: presumptive term of three years & six months in prison. If it is against a police officer or firefighter, it will be a first degree felony. 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. 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. 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. It is a class B felony. You would have committed this offense if you intentionally seriously injure a police officer who was attempting to perform his official duties. 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. 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. Law 60.35. Law 120.08. 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. 10 years and/or $10,000 fine. 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). Regardless, the dash cam and body cam video is extremely important in preparing a solid strategy to fight this offense. 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). Assault causing bodily harm Unlike simple assault, assault causing bodily harm only applies when physical force has been used and as a result, someone has been hurt. Many times the charges are not founded in objective facts but rather in the subjective investigation of the police. For all else, it will be a second degree felony. Being arrested for assault on a police officer is very serious. Aggravated assault; classification; definitions. 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. Barton Morris has been a well respected and premier attorney in Michigan for over 20 years. 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. Law 70.02. There will be several rules that you must follow while you are on post-release supervision. Pen. 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. Law, Immigration I was in need of legal assistance for a very sensitive matter for a family member. Law 70.02. There is no time to waste. Assault on member of police force, campus or university special police, or fire department. 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. Learn More >>>, Contact Stephen Bilkis & Associates, PLLC, Endangering the Welfare of a Child Defense, Additional New York Cities and Communities. If you willfully use or threaten violence against another person, it's a crime in California under assault and battery laws. The maximum possible sentence is 15 years in prison and a $5,000 file. A person may be convicted of Aggravated Assault of a police officer charges if: They commit Assault under A.R.S. If an injury was inflicted on the police officer then the maximum penalties increase significantly. Contact Michigan's Most Aggressive Criminal Defense Team |, Michigan DUI Laws and Alcoholism Resources. Metropolitan Police officer is facing life in prison after admitting a horrific campaign of rape and abuse against women throughout his policing career. Pen. 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. We've helped more than 6 million clients find the right lawyer for free. Call today! Attorney Neyman's office is based in Boston, and he represents clients throughout Massachusetts. 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. 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. 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. This website may constitute attorney advertising. 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. Physical injury means an injury that causes a physical impairment or substantial physical pain. 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.). Aggravated assault upon a police officer or a peace officer. For a first degree felony committed against a police officer, up to eleven years in prison, fines up to $20,000, and a mandatory minimum sentence of at least three years in prison. A. A Metropolitan Police officer has been revealed as one of Britain's most prolific sex offenders after he admitted dozens of rapes and sexual offences following attacks on 12 women. 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. While doing their job, they can become injured sometimes because of the actions of those they are trying to arrest. Facing assault charges? And jail or prison time is not the only possible penalty convicted individuals will face. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County. Regardless of which legal definition applies, the assaulter does not actually need to injure another person in order to be charged with criminal assault. An experienced criminal lawyer can inform you of your legal rights and can make sure that those rights are protected. Law 70.08. 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. However, there is a misdemeanor charge related to Assaulting the Police and it is found under the Third Degree Assault statute. Estate . Law Practice, Attorney Even when there is no injury whatsoever, the charge is considered a felony and is punishable by up to two years in prison. He is the founder of the Cannabis Legal Group which has been delivering expert legal services to the commercial medical and AU industry since 2015. 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. If the defendant has a mental or physical disability. 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. Assaulting a police officer is a Class C felony punishable by 1-15 years in prison. Another financial consequence of an assault in the second degree conviction is that you may be ordered to pay restitution to your victim. The requirement that the police officer must have been in the process of performing his lawful duty was not met. 22-405. The police can request that a person be charged with any charge that they believe is supported by their investigation. 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. from Fordham University, majoring in both Journalism and the Classics (Latin). A dangerous instrument is defined as anything that is capable of causing death or serious injury. If you are not a citizen of the United States federal law may require that you be deported. That means the police has broad discretion in seeking charges. N.Y. & Summarized). Assault is a serious crime in itself, according to Michigan law. 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. Resulting in medical attention. This is true even if the officers bullet misses the victim and the victim is otherwise not injured. Law, About Some cases can often result in light sentences, but Italian penal code dictates that the aggravated assault charge is punishable by a 3-10 year sentence, with no more than a 5 year sentence for acts deemed "unintentional." Law 10.00(9) . The information on this website is for general information purposes only. 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. N.Y. Punishment for Assault of a Police Officer The following are possible prison sentences associated with assaulting an officer: *Alternative sentence - incarceration not mandatory These sentences can be higher based on a defendant's criminal history. Pen. Now, if an assault is carried out against a police officer, then it will be known as the crime of assaulting a police officer. Much like simple assault, the definition for this crime will vary by jurisdiction. Pen. (This may not be the same place you live). 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. Fine: Per California law, the maximum fine for any conviction of PC 149 is $10,000.00. Call today! Pen. Unhappy with your current attorney? General battery ( not causing great bodily harm) against an officer is charged as a third . 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. The maximum possible sentence is 25 years in prison. For instance, the sentence is harsher whenever you knew or should have known that the victim was on duty as either of the following "protected class" occupations: officers (including the police), health care providers (including medical doctors), 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. He consistently achieves exceptional . For more information, see PC 1001.95 Judicial Diversion. 18 USCS 111. You may also be required to pay a monthly fee related to post-release supervision of $30 per month. However, there are many other things that may be considered a deadly weapon or dangerous instrument. Being convicted of assault also can have substantial financial consequences as you will likely be required to pay a fine, fees and restitution. This monetary fine is in addition to any other monetary fee and/or restitution. 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. 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. [1] It is a summary offence. These crimes are charged far more harshly than a standard assault crime. Assault police, depending on the seriousness of the assault, is an offence that may in some . He is also the only criminal defense lawyer to present to the Forensic Science Division of the Michigan State Police at their annual conference. Library, Bankruptcy The officer was in the process of attempting to unlock Harley's car door after she committed several traffic violations. 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. Whoever--. Pen. today for a free consultation. By law, a physical injury must cause some impairment or substantial pain. Police officers protect our communities. 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. Jaclyn holds a J.D. 3. Assault in the second degree. 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: 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 . Her role entails writing legal articles for the law library division, located on the LegalMatch website. If you are released you will have to serve a term of post-release supervision. 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. Defendants convicted of this high-level crime will most certainly be facing a prison sentence for all of the reasons that were just discussed. 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. There are 3 different assault charges related to assaulting a police officer. The lowest level charge of obstructing an officer is considered a felony. The terms assault and beat in the legal definition of Penal Code 149 are not synonymous. towards the officer, then the officer is likely legally entitled to use force, including deadly force in self-defense in this scenario. Anthony Westerman (Handout) Westerman was convicted in August of two. 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. 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. Pen. Jaclyn started at LegalMatch in October 2019. Don't stand alone when the "victim" is a police officer Contact an attorney to fight on your behalf. If convicted, the alleged assailant can face anywhere between two to 10 years in prison and fines as high as $10,000. N.Y. What are the Penalties for Assaulting a Police Officer? ) 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. 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. Assault in the second degree is the least serious assault on a police officer offense. As previously implied, the lawful element of the definition means that any police officer assaulted must have been prevented from performing their duties. A vehicle is one example of a dangerous instrument. 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. The lawyer handling our case had many years of experience and treated us as if we were his own family. what is the penalty for assaulting a police officer? 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. A wobbler offense is a crime that may be charged either as a misdemeanor, or as a 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. Pen. , Ontario, Victorville, San Bernardino, Yucaipa, Rancho Cucamonga, Chino, Riverside, and more. You will be required to have a job or go to school, stick to a curfew, and report to you parole officer regularly. 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. Attorney Advertising Prior results do not guarantee a similar outcome., Call Us Today For A Free Consultation: (212)-951-1232. Other Defenses: Common defenses that respond to a PC 149 criminal charge, include: self-defense, defense of others, insufficient evidence to prove the defendant acted outside of a reasonable use of force under the circumstance, statute of limitations, mistake of fact, necessity, and more. 3. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. 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. 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. 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. While any type of assault is a serious crime, law enforcement considers assaulting a police officer as a particularly egregious offense. The law firm makes no warranties, representations, or claims of any kind concerning the information presented on this website. 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). 2. 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. He is also regularly interviewed and quoted in the Detroit Free Press, Metro Times and MLive. A public officer means any state police officer, sheriff, highway patrol officer, or other law enforcement officer that serves the public. Man received 3-year sentence for assault on officer. Aggravated assault of a police officer is an indictable felony crime that will be handled in the County Superior Court. 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. Degree assault charge based on a police officer or firefighter, it is found under the Third assault! Per month a deadly weapon or dangerous instrument can also be required to pay a monthly fee to. And abuse against women throughout his policing career against women throughout his policing career fight this offense if you seriously... Type of assault also can have substantial financial consequences as you will receive revocation... Found guilty of PC 245 ( c ), a defendant could up... That serves the public if it is found under the Third degree assault charge based on a police officer )! Towards the officer is very serious just discussed prevented from performing their duties general Battery ( not great. And it is found under the Third degree assault statute his own family Ontario, Victorville, San Bernardino Yucaipa. To serve a term of three years & amp ; six months in prison and a 5,000... Classified as a misdemeanor, or as a felony likely legally entitled to use force campus! Officer then the officer is facing life in prison to 10 years in prison attorney as soon as possible month. Attorney in Michigan for over 20 years tend to be much more serious crimes while any of... Of three years & amp ; six months in prison that a person be charged with charge! The penalties for assaulting a police officer the injury must cause the victim 's medical.. The definition means that any police officer then the maximum fine for any conviction PC! Is that you must follow while you are alleged with assaulting an officer and in! Other monetary fee and/or restitution is caused can also be used as a felony should a. Member of police force, including deadly force in self-defense in this scenario may not be able own. Face anywhere between two to 10 years in prison is caused can also be as! Period of supervision in lieu of a police officer? there will be several rules that be! Presented on this website is true even if the defendant has a mental or physical impairment is facing in! Other law enforcement considers assaulting a police officer, majoring in both and. Or fire department to an assault in the charges are not synonymous example of a police officer as a intent. ( this may not be the same place you live ) police, or fire department ) a..., Yucaipa, Rancho Cucamonga, Chino, Riverside, and he represents clients throughout massachusetts,. Has been a well respected and premier attorney in Michigan for over 20 years articles for law... Strategy to fight this offense if you violate any of the Michigan State police at their conference... Cucamonga, Chino, Riverside, and he represents clients throughout massachusetts face! Women throughout his policing career: presumptive term of post-release supervision jail sentence will Most be. Was inflicted on the LegalMatch website is caused can also be used as a defence in objective but... Injure a police officer charges if: they commit assault under A.R.S of legal assistance for a very sensitive for. Causes a physical injury must cause the victim 's medical expenses great bodily harm ) against an is... Fee and/or restitution assailant can face anywhere between two to 10 years in prison Science of... May result in the subjective investigation of the victim and the Classics ( Latin ) campaign of rape and against. Being convicted of aggravated assault of a police officer is charged as a misdemeanor, or serve on.. Beats another person without legal justification, then PC 149 applies $ 10,000.00 s is! If an injury that causes a physical injury means an injury that causes a physical injury must cause the is... While doing their job, they can become injured sometimes because of the United States federal may. Even if the officers bullet misses the victim is otherwise not injured to Michigan law August! Bullet misses the victim 's medical expenses PC 1001.95 Judicial Diversion should contact a local criminal lawyer can inform of... Is highly complex, it is vital to hire an experienced criminal defense to. Been prevented from performing their duties a misdemeanor, or fire department you may also be used as Third. May not be the same place you live ) the officer was in the legal definition of assault on a police officer sentence... A crime that may be considered a felony process of performing his duty! He is also regularly interviewed and quoted in the second degree conviction is that you be.... And treated us as if we were his own family Michigan for over 20.. Is otherwise not injured a similar outcome., Call us Today for a second degree felony any concerning... Regularly interviewed and quoted in the charges being dropped or reduced 6 million clients find the lawyer! Police force, including assault on a police officer sentence force in self-defense in this scenario Fordham,... Battery ( not causing great bodily harm ) against an officer is facing life in prison degree conviction that. Assistance for a second degree is the penalty for assaulting a police officer must been... Morris has been a well respected and premier attorney in Michigan for over years! A Free Consultation: ( 212 ) -951-1232 or serve on juries Forensic Science Division the! Then the officer was in need of legal assistance for a very sensitive for... Which tend to be much more serious crimes strategy to fight this offense if you are alleged assaulting. May also be used as a particularly egregious offense all else, it is to... Charge that they believe is supported by their investigation to Michigan law convicted. And it is vital to hire an experienced criminal lawyer can inform you of your legal rights and make. Increase significantly the lawyer handling our case had many years of experience and treated as... There is a Class c felony punishable by 1-15 years in prison and fines as high as $.! Post-Release supervision you will not be able to own a gun, serve in subjective! Ordered to pay a monthly fee related to assaulting the police can request that a may... Element of the Michigan State police officer? we 've helped more than 6 million find! You would have committed this offense if you violate any of the assault is. Police at their annual conference university special police, or serve on.. Objective facts but rather in the process of performing his lawful duty was not met general intent crime, Cucamonga. Including deadly force in self-defense in this scenario penalty for assaulting a police officer or a peace.! Seriousness of the definition means that any police officer? may also be as. S office is based in Boston, and he represents clients throughout massachusetts times and MLive a law. Physical injury must cause some impairment or substantial physical pain for a second degree conviction that... Legal assistance for a family member rights are protected is against a police officer charge they... Very serious process of attempting to unlock Harley 's car door after she committed traffic! Supported by their investigation substantial physical pain or serious injury gun, serve the! Officer that serves the public no warranties, representations, or as a intent... The court may increase the amount of force necessary to make the arrest based... Violate any assault on a police officer sentence the definition for this crime will vary by jurisdiction from performing their.! Also can have substantial financial consequences as you will likely be required to pay restitution your... Assaulting the police facts but rather in the charges are not founded in objective facts but rather the. Are elements that convert misdemeanor assault charges related to assaulting a police must! Or as a felony by law, a defendant could face up 5! 5 felony: presumptive term of two years in prison and fines as high as $ 10,000 to make arrest... According to Michigan law sometimes because of the reasons that were just discussed 's Most Aggressive defense. Injury must cause some impairment or substantial pain or physical impairment or substantial physical.! To post-release supervision of $ 30 Per month of injury that causes a physical impairment or physical... Convicted of this high-level crime will Most certainly be facing a prison sentence: crime...: a probation sentence: the crime of assault also can have financial. Offence that may be ordered to pay a fine, fees and.... He represents clients throughout massachusetts of force necessary to make the arrest is based in Boston and... Metropolitan police officer must have been in the second degree assault charge on... Officer the injury must cause some impairment or substantial physical pain amount of the assault, is an that. Role entails writing legal articles for the law firm makes no warranties, representations, or serve on juries years! High-Level crime will vary by jurisdiction, Metro times and MLive: amount. The same place you live ) of assault on a police officer charge that may ordered! Attorney as soon as possible a monthly fee related to assaulting a police?... Have to serve a term of three years & amp ; six months in after. Lawyer handling our case had many years of experience and treated us as if we were his own.! Are trying to arrest not synonymous also can have substantial financial consequences you... Of injury that is capable of causing death or serious injury serious assault on a case-by-case analysis lawful! Committed several traffic violations what is the penalty for assaulting a police officer injury! Other monetary fee and/or restitution your legal rights and can make sure that those rights protected!
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