towards the officer, then the officer is likely legally entitled to use force, including deadly force in self-defense in this scenario. COVID-19 Update: We are open and serving our clients. 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. Aggravated battery is punishable by 1-20 years in prison. Facing assault charges? Many times the charges are not founded in objective facts but rather in the subjective investigation of the police. The officer was in the process of attempting to unlock Harley's car door after she committed several traffic violations. 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. N.Y. Lawful duty. 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. N.Y. For instance, with regard to assault in the second degree, no prior convictions may result in you receiving the minimum sentence of two years, prior non-violent convictions could result in at least three years, and a history of violent crime could lead to a sentencing of at least five years. Law 10.00(9) . These penalties differ significantly from a . 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. A defendant has committed Assault in the Second Degree if, with intent to prevent a police officer from performing his or her lawful duty, the defendant caused that police officer physical injury. Barton is the only attorney in Michigan certified by the American Chemical Society as a Forensic-Lawyer Scientist. 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. Assault on a police officer is a class C felony. What Makes a Competent Witness in a Criminal Prosecution. He is also regularly interviewed and quoted in the Detroit Free Press, Metro Times and MLive. 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. Any kind of assault against a police officer is considered a violent felony, with probation not being an option, and it can land you in prison from two years to a life sentence. 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. 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. 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. And jail or prison time is not the only possible penalty convicted individuals will face. Curtis Arganbright, 43, a former Westminster Police Department (WPD) officer, was sentenced today in federal court in Denver, Colorado, to 72 months in prison and three years supervised release. 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. Nothing on this site should be taken as legal advice for any individual case or situation. However, on appeal the conviction was overturned because when the police stopped Hurdle they did not do so for a lawful reason. What is Endangering The Welfare Of a Child. 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. Further, it may also be a valid defense to argue the officer was not performing his or her legally-sanctioned duty. The penalties in Michigan ( MCL 750.479) for resisting, obstructing, assaulting or endangering an officer in the performance of duties are: Resisting and Obstructing. 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. Anthony Westerman (Handout) Westerman was convicted in August of two. The lowest level charge of obstructing an officer is considered a felony. Did Let our top rated Criminal Defense & DUI team review your case. To beat means to apply force against another person without consent or legal justification. 20 years and/or $20,000 fine. 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. Pen. 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. On conviction of obstructing a police officer under section 89, the offender can be sentenced to up to 1 month in prison and/or a fine of 1000. Also, note that fines may be added to any prison sentence under Pennsylvania state law. For example, a defendant who commits assault and battery on a law enforcement officer will receive a longer prison sentence than a defendant who only commits assault against an officer. Probation will not be an option. Request a free consultation now. If you are a persistent felony offender, then the minimum sentence you will receive is 20-25 years in prison; the maximum sentence is life in prison. Law 120.08. I contacted the law offices of Stephen Bilkis & Associates, PLLC and was met with staff whose demeanor was supportive, compassionate and professional. N.Y. 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). 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. 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 maximum possible sentence is 15 years in prison. 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. For example, if the officer is performing Field Sobriety Tests on a DUI suspect, and out of nowhere, the DUI suspect brandishes a firearm and makes criminal threats towards the officer, then the officer is likely legally entitled to use force, including deadly force in self-defense in this scenario. Law 120.05. . (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. Misdemeanor PC 149: When assault or battery by a police officer is charged as a misdemeanor, the defendant may face up to one year in the county jail [PC149-M]. A public officer means any state police officer, sheriff, highway patrol officer, or other law enforcement officer that serves the public. 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. 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. Furthermore, you will also have to pay a fee to the company charged with collecting the restitution from you. 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: Another financial consequence of an assault in the second degree conviction is that you may be ordered to pay restitution to your victim. Even if you have no prior convictions the minimum prison sentence you will receive is 2 years. Pen. 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. or release under any conditions until the sentence is served as ordered by the presiding judge . 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. Stephen Neyman has been defending persons accused of criminal offenses, including assault and battery on a police officer, for decades. 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. Law 70.02. 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. Login. Pen. Because assault in the second degree is also classified as a violent felony, the judge is required to impose a minimum sentence of 2 years in prison. Note: An officer has the right to use self-defense the same as anyone else. Assault on a police officer. Lawful Necessity: PC 149 announces the most common defense used in response to an allegation of assault or battery by a peace officer. Potential Sentence. Some Quick Definitions. Essentially, a diverted prosecution, if successful, may help the defendant keep his job, avoid jail, and even avoid a criminal record for most purposes. New York Assault on a Police Officer Lawyer. This new California Judicial Diversion Law is found at PC 1001.95. Pen. The offence of Assaulting police carries a maximum penalty of 2 years imprisonment in the Local Court and 5 years imprisonment in the District Court. Click here. 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. 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 . In addition to his prison sentence, Arganbright will forfeit his law enforcement certification and be required to register as a sex offender. Pen. is considered a highly serious charge thats complex to fight in court. What are the Penalties for Assaulting a Police Officer? ) (a) In general. In conclusion, it can also be argued that the officer was using excessive force, and the defendant was entitled to defend him or herself.
