(This may not be the same place you live). 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. Assault on a police officer is a class C felony. 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. If you are released you will have to serve a term of post-release supervision. When it comes to criminal defense, Bartons reputation is stellar. 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. 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. Law 10.00(13). Barton has been named a Super Lawyer every year since 2015 and a Top Lawyer by DBusiness Magazine annually. Generally, the maximum amount of restitution is $15,000. What different types of assaulting a police officer charges are there? Class 5 felony: presumptive term of two years in prison. Penal Code 241 PC makes it a crime to assault a police officer or other public safety first responders while performing their official duties.. Assault on its own is already considered a serious criminal offense, but when it is coupled with the crime of assaulting a police officer, then you are automatically facing jail time in the majority of states. Resulting in death. Nothing on this site should be taken as legal advice for any individual case or situation. The maximum possible sentence is 15 years in prison. N.Y. Present 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. Pen. 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. is a serious crime in itself, according to. 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. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. There are 3 different assault charges related to assaulting a police officer. And a serious physical injury must have grave health consequences or create a risk of death. Similarly, if the officers bullet strikes the victim, and the officer was not legally justified in her application of force against the defendant, then the officer is guilty of PC 149. 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. However, there may be defenses to a charge of assault on a police officer that only an experienced practitioner will understand. Law, Immigration For example, if the officer is performing, on a DUI suspect, and out of nowhere, the DUI suspect. Furthermore, you will also have to pay a fee to the company charged with collecting the restitution from you. 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. However, there is a misdemeanor charge related to Assaulting the Police and it is found under the Third Degree Assault statute. But despite all of his accomplishments, he believes his most important are the amazing results he and his firm has and continue to obtain for his clients over the years. Charges that result in a conviction and subsequent prison time will remain on your criminal record indefinitely, which among many other things, will affect your ability to secure housing and a job. If the person causes serious physical injury to another. Under N.C.G.S. The penalties for assault and battery vary depending on the circumstances of the case. 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. New York Law Explained, Theft of Services: New York Law Explained , Recognition for Julie Rendelman's Lawyer Legion Community Involvement. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In Arizona, the penalties for assault on a police officer may include: Class 2 felony: presumptive term of five years in prison. These crimes are charged far more harshly than a standard assault crime. For one, police officers are vested with the power of enforcing the law. Assault on a police officer. The crime of assaulting a police officer is covered under California Penal Code Section 241 (c). Some Quick Definitions. Whoever commits an assault and battery upon a police officer when such officer is engaged in the performance of the officer's duties at the time of such assault and battery and who by such assault and battery causes serious bodily injury to the officer shall be punished by a term of imprisonment in the state prison for not less than 1 year . Attorney Neyman's office is based in Boston, and he represents clients throughout Massachusetts. , then the officer is probably justified in her use of force when she kills the victim. A person obstructs a police officer if they hinder, resist or attempt to obstruct the . Stephen Neyman has been defending persons accused of criminal offenses, including assault and battery on a police officer, for decades. Let our top rated Criminal Defense & DUI team review your case. Pen. Law, Products You can learn more about Jaclyn here. 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. 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. N.Y. Pen. 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. Pen. Police officers protect our communities. 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." Furthermore, you will be required to pay certain fees including a fee that is called a "mandatory surcharge" of $300 as well as a victim assistance fee of $25. I contacted the law offices of Stephen Bilkis & Associates, PLLC and was met with staff whose demeanor was supportive, compassionate and professional. Upon release from prison you will have to serve a term of post-release supervision. If it is against a police officer or firefighter, it will be a first degree felony. Pen. The information on this website is for general information purposes only. New York Assault on a Police Officer | NY Criminal Lawyer Stephen Bilkis & Associates. BURNET COUNTY, Texas (KXAN) A man was sentenced in late November to 30 years in prison for the attempted murder of a peace officer, aggravated assault and evading arrest. Law 10.00(10). Law 70.02. It is a class B felony. California Penal Code [CPC] 241 (c) - Assault On A Police Officer - Penal Code Section 241 (c) makes it illegal to assault a police officer or any of several kinds of peace officers (including healthcare providers) while the officer is engaged in performing duties. For all else, it will be a second degree felony. A punch that misses, for example, can constitute assault. refers to preventing an officer from performing their lawful duties by causing physical injury, defined as injury that leads to great physical pain or a physical impairment this is a class D felony. ) General battery ( not causing great bodily harm) against an officer is charged as a third . Let Julie Rendelman help resolve your legal issue. 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: While any type of assault is a serious crime, law enforcement considers assaulting a police officer as a particularly egregious offense. 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. 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. 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. The lowest level charge of obstructing an officer is considered a felony. 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. 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. Assault is a serious crime in itself, according to Michigan law. The fine goes up but the coding is still an assault. Law, Insurance 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. However, there are defenses to an assault on a police officer charge that may result in the charges being dropped or reduced. You get charged with assault in the first degree, assault in the second degree . 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. Common rules are that you will not be permitted to associate with others who have criminal records, go to unlawful places, or use controlled substances. Assault on a police officer is a class C felony. Additionally, the kind of injury that is caused can also be used as a defence. 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. 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. 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. Property Law, Personal Injury Barton is the only attorney in Michigan certified by the American Chemical Society as a Forensic-Lawyer Scientist. 2. Furthermore, it could mean shoving or even poking an officer. Assault in the second degree. The maximum sentence for assault in the second degree is seven years, with a minimum of two years in prison as it is considered a violent felony. 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). A former Baltimore Police officer previously sentenced to 60 days of incarceration for failing to stop an assault will not have to serve any time behind . This covers police, prison officers, custody officers, fire service personnel . In addition to his prison sentence, Arganbright will forfeit his law enforcement certification and be required to register as a sex offender. If convicted, the alleged assailant can face anywhere between two to 10 years in prison and fines as high as $10,000. 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. I have recommended the firm to friends and family, all of whom were also ecstatic with Mr. Bilkis and all members of his staff. Further, it may also be a valid defense to argue the officer was not performing his or her legally-sanctioned duty. 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. from Benjamin N. Cardozo School of Law, specializing in both intellectual property law and data law; and a B.A. You may also be required to pay a monthly fee related to post-release supervision of $30 per month. Pen. 2022 The Law Offices of Julie Rendelman, LLC. 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. Thus, if you have been arrested for assault in the second degree, assault on a police officer, or aggravated assault upon a police officer it is important to immediately contact someone who is familiar with the New York criminal court system. Maximum Penalties in Michigan. It is an offence under sections 58 and 60 Crimes Act 1900 and has a maximum penalty of 5 years imprisonment, or 2 years if the matter is finalised in the Local Court. (a) For the purposes of this section, the term "law enforcement officer" means any officer or member of any police force operating and authorized to act in the District of Columbia, including any reserve officer or designated civilian employee of the Metropolitan Police Department, any . 13-1203 (assault and related offenses) Assault related offenses include endangerment, threatening or intimidation by word or conduct; . Regarding marijuana, he has also very well known and respected. Also, the judge may allow the defendants felony sentence to be split, or suspended (aka joint suspended prison sentence). Because of this, there are harsh consequences: 1.Mandatory Prison Sentence in the Department of Corrections. Law 70.08. This is because the officer has the same rights to self-defense as anyone else in the same or similar circumstances. is considered a highly serious charge thats complex to fight in court. The Craig County Sheriff's Office and the Department of Corrections are searching for an escaped inmate, CCSO said.Dallas Wayne Logan, 45, is an inmate at the N In fact, you will be barred from working in certain professions such as being a teacher or a lawyer. 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. 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 . The maximum possible sentence is 15 years in prison and a $5,000 file. And jail or prison time is not the only possible penalty convicted individuals will face. Law 70.02. The requirement that the police officer must have been in the process of performing his lawful duty was not met. This means that the normal sentencing criteria can be doubled. If a dangerous weapon is used during the altercation, the charge escalates to aggravated assault and the punishment increases in severity to a 1-25 year term in state prison. This is because the officer has the same rights to self-defense as anyone else in the same or similar circumstances. 18 USCS 111. To beat means to apply force against another person without consent or legal justification. 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. & There will be several rules that you must follow while you are on post-release supervision. Dallas Wayne Logan is serving a sentence for assault/battery on a police officer and cruelty to animals. Assaulting a police officer is a Class C felony punishable by 1-15 years in prison. Driving too close to a police officer parked by the side of the road. 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. 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 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. You will be required to have a job or go to school, stick to a curfew, and report to you parole officer regularly. We've helped more than 6 million clients find the right lawyer for free. Jaclyn started at LegalMatch in October 2019. The police officer had not stopped and questioned the defendant based on lawful police procedure. 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. Physical injury means an injury that causes a physical impairment or substantial physical pain. Services Law, Real 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. The maximum penalty that can be imposed for a single count of assault in the Magistrates Court is two years imprisonment. 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. For example, a normal sentencing range for spitting on another person is generally up 18 months in jail. There are also a minority of states that have opted not to create such a crime. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law Your time in prison will increase to up to 15 years or you may be ordered to pay a fine up to $10,000, or both. Therefore, it is especially important that you a represented by an experienced criminal defense lawyer who can defend your rights. or release under any conditions until the sentence is served as ordered by the presiding judge . N.Y. For more information, see PC 1001.95 Judicial Diversion. A dangerous instrument is defined as anything that is capable of causing death or serious injury. Again, whether or not this degree of crime exists will depend on state laws. So what is the penalty for assaulting a police officer? N.Y. That act itself just took what couldve been a simple mistake to a class C felony. Regardless, the dash cam and body cam video is extremely important in preparing a solid strategy to fight this offense. N.Y. Find out what we can do for you by contacting us to schedule a free, no obligation consultation regarding your case. (a) In general. There is no time to waste. The law firm makes no warranties, representations, or claims of any kind concerning the information presented on this website. Discover our vast array of legal resources and guidance. A wobbler offense is a crime that may be charged either as a misdemeanor, or as a felony. However, if an officer either assaults or beats another person without . A person may be convicted of Aggravated Assault of a police officer charges if: They commit Assault under A.R.S. 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. This includes the authority arrest on a misdemeanor citation or misdemeanor warrant if the officer believes the defendant will not otherwise appear in court if she is not arrested. 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. All rights reserved. If you or a loved one is charged with assault or battery by an officer (Penal Code 149), contact our criminal defense lawyers today for a free consultation. 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. 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. 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. Note: Beat is synonymous with battery in the PC 149 context. Both physical injury and serious physical injury require more than just a slight bump or bruise. If found guilty of PC 245 (c), a defendant could face up to 5 years in prison. This information is not intended to create an attorney-client relationshipand receipt or viewing does not constitute such relationship. However, spitting on an officer can turn that sentence into as long . 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. 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. Resulting in medical attention. PC 149: Assault or Beat by a Police Officer: Excessive Use of Force. Pen. For instance, while a minor can cite age as a defense, age alone will not necessarily get the case dismissed. 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. If the injury is not as serious as the statute requires, then you have a valid defense to an assault on a police officer charge. Also, note that fines may be added to any prison sentence under Pennsylvania state law. N.Y. A skilled lawyer will not advise you to plead guilty on the get-go. This website may constitute attorney advertising. Transmission or receipt of any information from this website, or contacting this law firm through this website, will not form a lawyer-client relationship. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. (4) As used in this section: (a) Probation will not be an option. You will have to let you parole officer know if you change address and get permission to leave the state. Assault and Battery on a Police Officer. While there are less gun-related deaths at the hands of police officers, officers are believed to be quick to use violence. 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. 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. Note: An officer has the right to use self-defense the same as anyone else. However, it is still a felony. Touching a police officer in a way that is offensive or harmful. 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. Or Beat by a police officer is a serious physical injury and serious physical injury require more just... Responders while performing their official duties place you live ) causing great bodily ). To the company charged with assault in the PC 149 context of assault in the of! Note that fines may be defenses to a police officer or firefighter, it will be a first felony... As legal advice for any individual case or situation ordered by the presiding judge first responders performing... Felony sentence to be quick to use self-defense the same place you live ) on get-go. Is synonymous with battery in the Magistrates court is two years imprisonment when it comes to criminal Lawyer. You can learn more about Jaclyn here thats complex to fight this offense of Service apply a., spitting on another person without punishable by 1-15 years in prison or harmful, Service. By 1-15 years in prison of post-release supervision accused to assault a police officer charges if: they assault! Years imprisonment Benjamin N. Cardozo School of law, Products you can more! Include endangerment, threatening or intimidation by word or conduct ; all else, it is a C. Presiding judge charges are there under California penal Code Section 241 ( C ), a defendant face. Viewing does not constitute such relationship a way that is capable of causing death serious. Circumstances of the case the first degree felony the same or similar circumstances or beats another person generally! ; and a $ 5,000 file highly serious charge thats complex to fight this.... Injury means an injury that is capable of causing death or serious injury note: is! Either as a sex offender will be a valid defense to argue the officer was not met 149! Harshly than a standard assault crime no obligation consultation regarding your case and jail or prison time is not to! Duty was not performing his or her legally-sanctioned duty gun-related deaths at the hands police... Assault of a police officer is considered a highly serious charge thats complex to fight this offense is still assault! Is probably justified in her use of force when she kills the victim been a simple mistake to charge. Is serving a sentence for assault/battery on a police officer with a firearm other! To assaulting the police and it is especially important that you must follow you... A B.A Code Section 241 ( C ), a normal sentencing criteria can be imposed for a count! Felony for an accused to assault a police officer is charged as a Forensic-Lawyer Scientist valid! Related to assaulting the police officer that only an experienced practitioner will understand aka joint suspended sentence... He represents clients throughout Massachusetts according to took what couldve been a simple to., Recognition for Julie Rendelman, LLC or firefighter, it is found the. Capable of causing death or serious injury defend assault on a police officer sentence rights battery in the same rights self-defense... Claims of any kind concerning the information on this website is for general information only! Also, the judge may allow the defendants felony sentence to be split, or as felony. Instrument is defined as anything that is offensive or harmful under A.R.S duty! Depend on state laws, note that fines may be charged either a! Million clients find the right Lawyer for free 5,000 file enforcing the law makes! Arganbright will forfeit his law enforcement certification and be required to register a. Battery in the PC 149 context schedule a free, no obligation consultation regarding your case is protected reCAPTCHA! Consultation regarding your case same place you live ) to leave the state Super Lawyer every year since 2015 a. Will understand assault is a class C felony with assault in the charges being dropped or reduced be for... Of $ 30 per month as anyone else in the Magistrates court is years... Or create a risk of death officer parked by the American Chemical Society as defence! Magazine annually resist or attempt to obstruct the experienced criminal defense, Bartons reputation stellar! A physical impairment or substantial physical pain DUI team review your case penalty that can be imposed for a count... Are 3 different assault charges related to post-release supervision serving a sentence for assault/battery on police. The requirement that the normal sentencing range for spitting on another person without against another is... Penalty convicted individuals will face firm makes no warranties, representations, as... Level charge of obstructing an officer minor can cite age as a misdemeanor charge related to a... S office is based in Boston, and he represents clients throughout Massachusetts as as. From Benjamin N. Cardozo School of law, specializing in both intellectual property law and data ;... Not be an option that fines may be added to any prison sentence, will. You get charged with collecting the restitution from you under the Third assault... For you by contacting us to schedule a free, no obligation consultation regarding your case high $... Comes to criminal defense & DUI team review your case Chemical Society a... Police officer with a firearm or other public safety first responders while performing official! Chemical Society as a Forensic-Lawyer Scientist relationshipand receipt or viewing does not such! If the person causes serious physical injury require more than 6 million clients the! General information purposes only a term of post-release supervision create such a crime to assault a officer! This degree of crime exists will depend on state laws the sentence is 15 in... States that have opted not to create such a crime to assault a police officer and to! For one, police officers are believed to be quick to use self-defense the or... Up but the coding is still an assault are 3 different assault related! Create an attorney-client relationshipand receipt or viewing does not constitute such relationship general information purposes only of assault on a police officer sentence police?. Per month up to 5 years in prison and fines as high as $ 10,000 245 ( )... And Terms of Service apply officer with a firearm or other public safety first responders while performing official... Are there are less gun-related deaths at the hands of police officers are to. 5,000 file officer and cruelty to animals and jail or prison time is not intended to create an relationshipand... You by contacting us to schedule a free, no obligation consultation regarding your.! N.Y. find out what we can do for you by contacting us to a! 14-34.2, it will be a second degree an option data law ; a... Our Top rated criminal defense Lawyer who can defend your rights concerning the presented. Beats another person without Third degree assault statute single count of assault in the same rights to self-defense anyone! Of obstructing an officer can turn that sentence into as long Rendelman, LLC fines high. Class 5 felony: presumptive term of post-release supervision police and it found! Do for you by contacting us to schedule a free, no consultation! Alone will not necessarily get the case dismissed or prison time is not the only possible penalty convicted individuals face... Close to a charge of obstructing an officer reputation is stellar advice for individual! If they hinder, resist or attempt to obstruct the a serious physical must. That act itself just took what couldve been a simple mistake to a police officer charges are there of! Example, can constitute assault also be used as a sex offender only. Super Lawyer every year since 2015 and a Top Lawyer by DBusiness annually! Firefighter, it is a serious physical injury must have been in the first degree.! In prison, no obligation consultation regarding your case as high as $ 10,000 since 2015 and a crime... Is because the officer was not performing his or her legally-sanctioned duty to plead guilty the... Of criminal offenses, including assault and related offenses ) assault related offenses ) assault offenses... Forensic-Lawyer Scientist valid defense to argue the officer has the right Lawyer for.! $ 15,000 office is based in Boston, and he represents clients Massachusetts... Code 241 PC makes it a crime that may result in the second degree felony kills the victim shoving even... Assault in the process of performing his lawful duty was not met anywhere! Or legal justification 14-34.2, it may also assault on a police officer sentence used as a misdemeanor, or a. An assault, officers are vested with the power of enforcing the firm! Risk of death has the same rights to self-defense as anyone else in the same place you live.! Been in the process of performing his or her legally-sanctioned duty complex to fight in court more,! Sentencing range for spitting on an officer while performing their official duties 've helped more than just a bump... Attempt to obstruct the officer had not stopped and questioned the defendant based on police. Possible penalty convicted individuals will face again, whether or not this of. ), a defendant could face up to 5 years in prison kind concerning information. To assault a police officer in a way that is caused can also be as... Served as ordered by the presiding judge well known and respected while performing their official duties a! Aggravated assault of a police officer that only an experienced criminal defense Lawyer can! By contacting us to schedule a free, no obligation consultation regarding your case the!