Aggravating factors are elements that convert misdemeanor assault charges into felony offenses, which tend to be much more serious crimes. 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. 2. I was in need of legal assistance for a very sensitive matter for a family member. 18 USCS 111. Generally speaking, if they are charged and convicted of committing a Class A violent felony, then they could be facing a prison sentence of up to 20 or 25 years, to life. 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. The bottom-line is you are alleged with assaulting an officer. If found guilty of this charge, you may be facing imprisonment of up to 2.5 years in the house of correction with fines ranging from $500.00-$5,000.00. Your Probation will not be an option. However, if an officer either assaults or beats another person without legal justification, then PC 149 applies. Assault on a peace officer is a class C felony. Assaulting a police officer is a Class C felony punishable by 1-15 years in prison. 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. This is true even if the officers bullet misses the victim and the victim is otherwise not injured. These penalties differ significantly from a . 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. Present However, assaulting a law enforcement officer is considered a highly serious charge thats complex to fight in court. Let our top rated Criminal Defense & DUI team review your case. There are also a minority of states that have opted not to create such a crime. 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). 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). For example, in People v. Hurdle, 965 N.Y.S.2d 626 (2013), defendant Walter Hurdle was convicted of assault on a police officer based on having intentionally hit a police officer with an SUV, causing the police officer to suffer severe injuries. The sentencing powers of the magistrates' court are limited, so the maximum penalty is six months' imprisonment and/or a fine not exceeding the statutory maximum. Property Law, Personal Injury 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. Finally, while the crime of assaulting a police officer shares many of the same elements as simple assault, the fact that it is committed against a law officer enhances the degree of the crime (similar to aggravating factors). 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. Find out what we can do for you by contacting us to schedule a free, no obligation consultation regarding your case. These sentences can be higher based on a defendants criminal history. 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. N.Y. For one, police officers are vested with the power of enforcing the law. Law 70.02. Many times the charges are not founded in objective facts but rather in the subjective investigation of the police. Furthermore, it could mean shoving or even poking an officer. Metropolitan Police officer is facing life in prison after admitting a horrific campaign of rape and abuse against women throughout his policing career. 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. N.Y. You will have to let you parole officer know if you change address and get permission to leave the state. what is the penalty for assaulting a police officer? After I had some legal problems, Mr Bilkis and his firm continually got me out of trouble. [1] It is a summary offence. In states that do not recognize assaulting a police officer as a separate crime, the act will be considered an aggravating factor to an assault charge. 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. Don't stand alone when the "victim" is a police officer Contact an attorney to fight on your behalf. So long as the victim was placed in a reasonable apprehension of an imminent battery without legal justification, then the crime of assault by an officer is committed. 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. We both can't thank him enough for saving our lives and our families! A new offence will double the maximum sentence from 6 to 12 months in prison for assaulting an emergency worker. Pen. N.Y. towards the officer, then the officer is likely legally entitled to use force, including deadly force in self-defense in this scenario. Assault on a police officer is a class C felony. 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. 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. However, the penalties severely increase if injury is inflicted. Barton is the only attorney in Michigan certified by the American Chemical Society as a Forensic-Lawyer Scientist. 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 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. Law 70.02. 2.Class 3, Class 4 or Class 6 Felony. 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. 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. This new California Judicial Diversion Law is found at PC 1001.95. N.Y. 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. While any type of assault is a serious crime, law enforcement considers assaulting a police officer as a particularly egregious offense. 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. 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. 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). If you are a persistent felony offender, assaulting a police officer could even land you a life sentence. The lawyer handling our case had many years of experience and treated us as if we were his own family. Copyright 1999-2023 LegalMatch. He is the principal attorney at the Law Office of Barton Morris which is comprised of a small number of attorneys all of whom share in his vision to improve the lives of their clients with superior service and exemplary results. This monetary fine is in addition to any other monetary fee and/or restitution. This offense is a class C violent felony. Sentencing for assault depends on the offence type. If the person causes serious physical injury to another. The court will not have the option of sentencing you to no prison time. We've helped more than 6 million clients find the right lawyer for free. With a law enforcement agent, it's 10 years and a $5,000 fine. New York Law Explained, Theft of Services: New York Law Explained , Recognition for Julie Rendelman's Lawyer Legion Community Involvement. Assault on a police officer. If it is against a police officer or firefighter, it will be a first degree felony. Assault police, depending on the seriousness of the assault, is an offence that may in some . One way to challenge the assault charge would be to argue the officer wasnt injured within the meaning of the law. However, if an officer either assaults or beats another person without . For example, if the officer is performing, on a DUI suspect, and out of nowhere, the DUI suspect. 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. N.Y. Barton has been named a Super Lawyer every year since 2015 and a Top Lawyer by DBusiness Magazine annually. Regardless, the dash cam and body cam video is extremely important in preparing a solid strategy to fight this offense. For all else, it will be a second degree felony. Assault on a police officer is a class C felony. Deliberately threatening another person with imminent physical harm "Intentionally, knowingly, or recklessly" causing physical harm or injury to another person Using physical contact on a person that is knowingly offensive or provocative Even if you have no prior convictions the minimum prison sentence you will receive is 2 years. And it is a class B violent felony. Touching a police officer in a way that is offensive or harmful. Pen. 3. Resulting in serious injury. Note: Beat is synonymous with battery in the PC 149 context. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with misdemeanors and felonies such as assault in the first degree, assault in the second degree, menacing, reckless endangerment, stalking, rape, and child endangerment. 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). 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. 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