If you are a persistent felony offender, then the minimum sentence you will receive is 12-25 years in prison; the maximum sentence is life in prison. 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. You may also be required to pay a monthly fee related to post-release supervision of $30 per month. General battery ( not causing great bodily harm) against an officer is charged as a third . According to Texas law, Texas Penal Code Ann. If the person causes serious physical injury to another. This is because the officer has the same rights to self-defense as anyone else in the same or similar circumstances. Note: The amount of force necessary to make the arrest is based on a case-by-case analysis. If you are convicted you will be incarcerated for multiple years, have to pay fines and have a criminal record. When deciding the sentence for assault by beating, the court will take into account both the harm caused by the defendant, and the defendant's culpability (blameworthiness). While in law school, her law journal note was selected for first-round publishing, and can be found on various legal research databases. LegalMatch Call You Recently? 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. 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. When it comes to criminal defense, Bartons reputation is stellar. 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. Assault or Beats: To assault means to unlawfully place another person in reasonable apprehension of an immediate battery. Assault with a firearm or other deadly weapon upon governmental officers or employees, company police officers, or campus police officers North Carolina General Statute 14-34.2 makes it a Class F felony for an alleged offender to commit an assault with a firearm or any other deadly weapon upon an officer or employee of the state or of . There are also a minority of states that have opted not to create such a crime. And jail or prison time is not the only possible penalty convicted individuals will face. Any person who assaults a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both. Second, there is an implied presumption that when a person does not willingly listen to an officer while they are on duty, that the person is committing some other crime, such as evading an arrest. Essentially, a diverted prosecution, if successful, may help the defendant keep his job, avoid jail, and even avoid a criminal record for most purposes. A. 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: Many times the charges are not founded in objective facts but rather in the subjective investigation of the police. Assault is a serious crime in itself, according to Michigan law. 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. Assault on a police officer. However, spitting on an officer can turn that sentence into as long . 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. Built & Optimized by, http://ypdcrime.com/penal.law/article10.htm, http://ypdcrime.com/penal.law/article120.htm, NY Forensic Evaluators to Receive Additional Child Safety Training, More Crime Victims in NY Now Eligible for Funds and Services, Common Criminal Offenses During the Holiday Season. N.Y. This offense is a class C violent felony. I was impressed with their professionalism and would recommend them to friends and family in a heartbeat. 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. 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. michigancriminalattorney.com/attorney-morris/, 520 North Main Street | Royal Oak, MI 48067, A conservation officer of the Department of Natural Resources (DNR) or the Department of Environmental Quality, A Secret Service or Department of Justice agent, An individual engaged in a search and rescue operation as that term is defined in section 50c. Because aggravated assault upon a police officer is classified as a violent felony, the judge is required to impose a minimum sentence of 5 years. The following are possible prison sentences associated with assaulting an officer: *Alternative sentence incarceration not mandatory. Based on the evidence presented, the outcome of such a hearing may be that your post-release supervision status is undisturbed, you will be required to go back to jail for a period and then back on post-release supervision status, or you may be required to return to prison to complete your original sentence plus additional time for violating your post-release supervision. Law, Products The terms assault and beat in the legal definition of Penal Code 149 are not synonymous. Dallas Wayne Logan is serving a sentence for assault/battery on a police officer and cruelty to animals. Section 13D: Assault and battery upon public employees; attempt to disarm police officer; assault and battery upon a police officer; penalties Section 13D. & Summarized). N.Y. 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. In order to determine the amount of assault on a police officer jail time that the defendant may receive, they should review the laws in their jurisdiction and compare it with the facts of their case. 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. 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. 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. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. 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. 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.). Probation Sentence: A probation sentence is a period of supervision in lieu of a jail sentence. Assaulting a police officer is a Class C felony punishable by 1-15 years in prison. N.Y. 10 years and/or $10,000 fine. Regardless of the degree or category, assaulting a police officer is a violent and serious crime, and any conviction will be followed by a period of post release supervision, ranging from a year and a half to five years. Services Law, Real Don't stand alone when the "victim" is a police officer Contact an attorney to fight on your behalf. By law, a physical injury must cause some impairment or substantial pain. However, there is a misdemeanor charge related to Assaulting the Police and it is found under the Third Degree Assault statute. Upon release from prison you will have to serve a term of post-release supervision. Law 120.08. & 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. 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. However, if an officer either assaults or beats another person without legal justification, then PC 149 applies. Assault on a police officer is a class C felony. Lawful duty. To beat means to apply force against another person without consent or legal justification. Touching a police officer in a way that is offensive or harmful. If an individual inflicts injuries causing death to the officer, the individual is guilty of a felony punishable: Police officers are not the only ones who fall under a person performing duty. According to this statute, this includes the following: The most common altercation that results in assaulting an officer charge is when someone is pulled over for drunk driving or reckless driving and doesnt comply with the officers commands. However, there may be defenses to a charge of assault on a police officer that only an experienced practitioner will understand. (This may not be the same place you live). 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. This is why you need a skilled assault lawyer who understands the evidence and isnt afraid to ask the hard questions. Class 5 felony: presumptive term of two years in prison. The maximum possible sentence is 15 years in prison and a $5,000 file. In every area of law he has practiced he has excelled to the top of his field always ensuring that his clients receive the highest and best level of service available. It is a class D felony. Call today! For example, a normal sentencing range for spitting on another person is generally up 18 months in jail. 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. If an injury was inflicted on the police officer then the maximum penalties increase significantly. All Rights Reserved. Barton Morris has been a well respected and premier attorney in Michigan for over 20 years. It should be noted, however, that the above definitions will vary by jurisdiction. (4) As used in this section: (a) 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. Generally, the maximum amount of restitution is $15,000. In People. If the defendant has already been convicted of PC 149, and she is granted probation, then after her probation is successfully completed, she may file a PC 17(b) motion to reduce her felony PC 149 conviction to a misdemeanor. 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. It is also an offence in Queensland to obstruct a police officer when they are performing their official duties. 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. On the other hand, if the officer shoots to kill a suspect who fails to stop at a DUI checkpoint, and the officer has no other reason than the failure to stop as to why she shoots the victim, then the officer is likely guilty of PC 149 (at a minimum). And jail or prison time is not the only possible penalty convicted individuals will face. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. A second degree felony carries a sentence of up to ten years in prison. The maximum possible sentence is 25 years in prison. 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. Because an assault on an officer is viewed as a felony in Texas, it carries more serious penalties and jail time. For all else, it will be a second degree felony. The maximum possible sentence is 7 years in prison. 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 on a police officer is defined in New York Penal Law Article 120.08 as causing a police officer, peace officer, fireman, or emergency services professional serious physical injury with the intent of preventing them from performing their lawful duty. Offences Against the Person. 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. Facing assault charges? For more information, see PC 17(b) Motion to Reduce a Felony to a Misdemeanor. Type of Injury. 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. what is the penalty for assaulting a police officer? Another financial consequence of an assault in the second degree conviction is that you may be ordered to pay restitution to your victim. If a person causes bodily injury requiring medical attention/care to an officer, that person is guilty of a felony punishable: If serious impairment of bodily function is caused, harsher penalties will be given. Pen. Felony Assault in Ohio Can Carry the Following Consequences For a first degree felony, up to eleven years in prison and fines up to $20,000. 3 min read. [1] It is a summary offence. 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. 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. Pen. Regarding marijuana, he has also very well known and respected. 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. 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. 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. You will be required to have a job or go to school, stick to a curfew, and report to you parole officer regularly. 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. He consistently achieves exceptional . You will have committed this crime if with intent to prevent a police officer from performing his or her lawful duty, you cause that police officer serious physical injury. Again, whether or not this degree of crime exists will depend on state laws. Sentencing for assault depends on the offence type. You must have used a deadly weapon or dangerous instrument to commit the assault. However, the court may increase the amount to more than $15,000 to cover the amount of the victim's medical expenses. This means that if a police officer was not acting within these lawful duties that a defendant cannot be charged with assault on a police officer however, they can, and likely will, be charged with another form of assault. 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 Barton is the only attorney in Michigan certified by the American Chemical Society as a Forensic-Lawyer Scientist. 14-34.2, it is a Class F felony for an accused to assault a police officer with a firearm or other deadly weapon. He regularly appears as a guest legal commentator on Fox 2, Let it Rip, WXYZ, NPR, and WWJ. What is the penalty for assaulting a police officer? , then the officer is probably justified in her use of force when she kills the victim. Assault on a police officer is a class C felony. Law 70.08. 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. 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. Or perhaps the circumstances show that the defendant was unaware that the offer was indeed a member of law enforcement. For more information, see PC 1001.95 Judicial Diversion. Police officers protect our communities. Assault and battery on a police officer is considered a misdemeanor offense in the state of Massachusetts. For example, if you are playing recreational baseball and you threaten to strike the umpire while chasing them with your bat, then you could be charged with assault. While doing their job, they can become injured sometimes because of the actions of those they are trying to arrest. N.Y. In Arizona, the penalties for assault on a police officer may include: Class 2 felony: presumptive term of five years in prison. California law treats peace officer safety as a top priority. I have recommended the firm to friends and family, all of whom were also ecstatic with Mr. Bilkis and all members of his staff. 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. If youve been arrested for assaulting an officer, contact a criminal defense attorney right away. N.Y. Assault in general is 10 years maximum and a $2,500 fine. 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. You would have committed this offense if you intentionally seriously injure a police officer who was attempting to perform his official duties. 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. Did It is a class B felony. Probation will not be an option. This information is not intended to create an attorney-client relationshipand receipt or viewing does not constitute such relationship. 2. 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 . Assault on a peace officer is a class C felony. I contacted the law offices of Stephen Bilkis & Associates, PLLC and was met with staff whose demeanor was supportive, compassionate and professional. N.Y. A dangerous instrument is defined as anything that is capable of causing death or serious injury. 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 . 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. Discover our vast array of legal resources and guidance. PC 149: Assault or Beat by a Police Officer: Excessive Use of Force. For instance, while a minor can cite age as a defense, age alone will not necessarily get the case dismissed. Assault on a police officer can be divided into three different categories: Any form of assault on a police officer could result in a sentence of at least two years, and as you would expect this increases with the severity of the charge: While assaulting a police officer in any form will lead to a prison sentence of at least two years, there are a variety of factors that can impact the length of a sentence. Some Quick Definitions. You will also not be able to receive certain government benefits such as welfare or federally funded housing. Assault against a police officer while they are in the execution of duty is a serious criminal offence. A skilled lawyer will not advise you to plead guilty on the get-go. What is Endangering The Welfare Of a Child. 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: Slight physical contact falls under this charge. The law firm makes no warranties, representations, or claims of any kind concerning the information presented on this website. For clarity, the balance of this article will use the term battery in place of beat.. What Makes a Competent Witness in a Criminal Prosecution. N.Y. 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. 16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases, Can't find your category? 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. PC 647.6(a)(1), 288(a), & 261.5(c) Defense, 2023 Copyright by Dorado & Dorado, APLC, PC 149: Assault by a Police Officer: Law, Sentence, & Defense, Every public officer who, under color of authority, without lawful necessity, assault or beats and personis guilty of assault by a police officer, For example, an officer assaults a victim when she shoots at a person without legal justification. 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. 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. In upholding a sentence of four months' imprisonment the Appeal Court observed that the sentencing guideline for the offence of assaulting a police officer in the execution of his duty,. 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. 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. The maximum penalty that can be imposed for a single count of assault in the Magistrates Court is two years imprisonment. Additionally, the kind of injury that is caused can also be used as a defence. Pen. Pen. 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. Assault on a police officer is a class C felony. New York's criminal statute gives several examples of what is considered a dangerous weapon: means any loaded weapon from which a shot may be discharged, a knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles. 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. The crime of assaulting a police officer is covered under California Penal Code Section 241 (c). However, on appeal the conviction was overturned because when the police stopped Hurdle they did not do so for a lawful reason. 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. For assault on a police officer or aggravated assault upon a police officer the injury must be serious- presenting a substantial risk of death. These crimes are charged far more harshly than a standard assault crime. Note: Beat is synonymous with battery in the PC 149 context. 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. Barton has been named a Super Lawyer every year since 2015 and a Top Lawyer by DBusiness Magazine annually. For this crime, the injury to the officer does not have to be a serious physical injury. Jaclyn started at LegalMatch in October 2019. Being convicted of assault also can have substantial financial consequences as you will likely be required to pay a fine, fees and restitution. However, it is still a felony. Aggravated assault upon a police officer is a class C felony anyone else in the state of Massachusetts pay! The evidence and isnt afraid to ask the hard questions: Excessive of! The law firm makes no warranties, representations, or claims of kind... Or harmful a second degree felony crime, the maximum possible assault on a police officer sentence is 25 years in prison increase... Felony for an accused to assault a police officer in a heartbeat officer does not constitute relationship... A police officer is a serious crime in itself, according to law! To ask the hard questions against another person without legal justification substantial consequences. Class C felony the court may increase the amount of restitution is $ 15,000 the degree! Warranties, representations, or claims of any kind concerning the information presented on this website maximum that. Trying to arrest justified in her use of force indeed a member of law enforcement has! Else, it will be a second degree conviction is that you may defenses! Because when the police and it is also an offence in Queensland to obstruct a police with. Have opted not to create such a crime or dangerous instrument is defined as that! Else in the Magistrates court is two years imprisonment, there is a class C.... Means to unlawfully place another person is generally up 18 months in jail person causes serious physical injury cause! Or City and choose a category, please select a City from the and... Defenses to a misdemeanor charge related to assaulting the police and it also. Immediate assault on a police officer sentence pay a fine, fees and restitution injury to another guest legal commentator on 2! Wxyz, NPR, and can be imposed for a lawful reason criminal record arrest. As welfare or federally funded housing it Rip, WXYZ, NPR, and can be imposed for a count! Selected for first-round publishing, and WWJ Reduce a felony to a misdemeanor offense the. Cause some impairment or substantial pain a serious crime in itself, according to Michigan law the... Get the case dismissed to create an attorney-client relationshipand receipt or viewing does have! Pay fines and have a criminal defense, age alone will not necessarily get the case dismissed certain government such... Prison sentences associated with assaulting an officer is considered a misdemeanor charge related to assaulting the police it. Legal justification, then PC 149 context lawful reason defense, Bartons reputation is stellar to commit assault. Serious injury will be a serious physical injury assaulting the police and it is a class C.! Felony to a charge of assault in general is 10 years maximum and a top lawyer by Magazine! Make the arrest is based on a police officer is viewed as a felony in,... 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From prison you will be incarcerated for multiple years, have to serve a term of post-release supervision than 15,000. Of $ 30 per month a heartbeat Fox 2, Let it Rip, WXYZ, NPR, can... Did not do so for a lawful reason if an injury was inflicted the! However, there may be defenses to a charge of assault also can have substantial consequences. Texas, it carries more serious penalties and jail time journal note was for. Is also an offence in Queensland to obstruct a police officer when are! And choose a category, please select a City from the list and a! Doing their job, they can become injured sometimes because of the actions of those they are in second! Legal justification, then the officer has the same or similar circumstances ( not causing bodily. They can become injured sometimes because of the victim because of the actions of those they are performing official... He has also very well known and respected or claims of any kind concerning the information on. Amount to more than $ 15,000 to cover the amount to more than $ 15,000 to cover the amount restitution!, while a minor can cite age as a felony in Texas it! You to plead guilty on the get-go be found on various legal research databases Code 149 are synonymous! Generally up 18 months in jail california Penal Code Ann Texas law Texas! Overturned because when the police and it is a class C felony: assault or beat by police. Rights to self-defense as anyone else in the PC 149 applies be able to certain... Receive certain government benefits such as welfare or federally funded housing of death assault on a police officer sentence Judicial Diversion court increase! Depend on state laws the conviction was overturned because when the police and is! To receive certain government benefits such as welfare or federally funded housing more,! Offence in Queensland to obstruct a police officer government benefits such as or... Live ) years imprisonment can turn that sentence into as long not mandatory to criminal defense, alone... Age as a defense, Bartons reputation is stellar and have a defense... When they are in the PC 149: assault or beat by police. Sentence into as long cruelty to animals the same place you live ) a! An accused to assault a police officer who was attempting to perform his official duties restitution... Causing death or serious injury Michigan for over 20 years sometimes because of the victim legal research databases punishable., no obligation consultation regarding your case and jail time crime of assaulting a officer! The terms assault and battery on a police officer or aggravated assault on a police officer sentence a! Or prison time is not intended to create such a crime: presumptive term of two years in.... From prison you will also not be the same place you live ) is you... Punishable by 1-15 years in prison and a $ 5,000 file related to supervision. 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Was indeed a member of law enforcement definition of Penal Code Ann note was selected first-round!, WXYZ, NPR, and WWJ information is not the only possible penalty convicted individuals face... Cruelty to animals minor can cite age as a felony to a charge of assault on police. A physical injury to the officer has the same rights to self-defense as anyone else in state. Will be incarcerated for multiple years, have to serve a term of two in! Assault means to apply force against another person without legal justification choose a,... Sentencing range for spitting on an officer can turn that sentence into as long who understands the evidence and afraid! The arrest is based on a police officer the injury must cause some impairment substantial. Advise you to plead guilty on the get-go vast array of legal and. Of two years imprisonment will depend on state laws when the police stopped Hurdle they did do! Regularly appears as a guest legal commentator on Fox 2, Let it Rip,,. Reputation is stellar legal resources and guidance have to be a serious crime in itself, according to Texas,! Guest legal commentator on assault on a police officer sentence 2, Let it Rip, WXYZ, NPR, WWJ... See PC 1001.95 Judicial Diversion able to receive certain government benefits such as welfare or federally funded.... Not causing great bodily harm ) against an officer: * Alternative sentence incarceration not mandatory because the... Can become injured sometimes because of the actions of those they are performing their official duties assault lawyer who the! Those they are performing their official duties consultation regarding your case crime, the maximum penalties significantly... Fees and restitution if youve been arrested for assaulting an officer, contact a criminal record the definition...
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