For instance, say the crime involved great bodily harm (a gunshot wound) to a protected victim (a police officer). The contact form sends information by non-encrypted email, which is not secure. 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. If the judge allows the defendants prison sentence to be split, then the defendant will serve some portion of her sentence in county prison, and some portion of her sentence out of custody on work release. 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. Law 70.08. 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. 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. Also, note that fines may be added to any prison sentence under Pennsylvania state law. This monetary fine is in addition to any other monetary fee and/or restitution. Because an assault on an officer is viewed as a felony in Texas, it carries more serious penalties and jail time. A person may be convicted of Aggravated Assault of a police officer charges if: They commit Assault under A.R.S. As with the other sections in this article, defenses to assaulting a police officer will primarily be contingent on the laws of a certain jurisdiction and the facts of a specific case. Regardless, the dash cam and body cam video is extremely important in preparing a solid strategy to fight this offense. This is true even if the officers bullet misses the victim and the victim is otherwise not injured. 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. 22.01, assault covers three different types of actions. I was in need of legal assistance for a very sensitive matter for a family member. 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. Law 120.08. N.Y. He is also the only criminal defense lawyer to present to the Forensic Science Division of the Michigan State Police at their annual conference. (4) As used in this section: (a) Other Defenses: Common defenses that respond to a PC 149 criminal charge, include: self-defense, defense of others, insufficient evidence to prove the defendant acted outside of a reasonable use of force under the circumstance, statute of limitations, mistake of fact, necessity, and more. N.Y. For all else, it will be a second degree felony. LegalMatch Call You Recently? 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. A public officer means any state police officer, sheriff, highway patrol officer, or other law enforcement officer that serves the public. According to Texas penal code 22.01, assault occurs when a person "intentionally knowingly, or recklessly causes bodily injury to another" or threatens another person with imminent bodily . In addition, you will not be able to own a gun, serve in the military, or serve on juries. Let our top rated Criminal Defense & DUI team review your case. 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. This is why you need a skilled assault lawyer who understands the evidence and isnt afraid to ask the hard questions. The court will not have the option of sentencing you to no prison time. However, the court may increase the amount to more than $15,000 to cover the amount of the victim's medical expenses. You will have a criminal record that will make several aspects of your life more challenging such as getting a job. This crime is a class D violent felony. is considered a highly serious charge thats complex to fight in court. 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 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. Aggravated assault upon a police officer or a peace officer. When it comes to criminal defense, Bartons reputation is stellar. If the victim was over the age of 65 the range is 5-20 years. 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. We offer aggressive defense services for anyone charged with a misdemeanor felony crime in the Counties of Riverside, Los Angeles, or San Bernadino, including the cities of Redlands, Fontana. 3. 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. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law You get charged with assault in the first degree, assault in the second degree . You must have used a deadly weapon or dangerous instrument to commit the assault. 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. It should be noted, however, that the above definitions will vary by jurisdiction. There is no time to waste. The court will not have the option of sentencing you to no prison time. Law, About 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. 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. All Rights Reserved. Learn More >>>, Contact Stephen Bilkis & Associates, PLLC, Endangering the Welfare of a Child Defense, Additional New York Cities and Communities. In a criminal law context, the crime of assault may be categorized as a general intent crime or a specific intent crime. If you do not pay a fine, fee or restitution, you may be charged with a misdemeanor and sent to prison for up to a year, your wages may be garnished or the state of New York may obtain a judgment against you. Additionally, the kind of injury that is caused can also be used as a defence. 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 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. We both can't thank him enough for saving our lives and our families! Class 5 felony: presumptive term of two years in prison. However, prosecutors do not always get it right. These crimes are charged far more harshly than a standard assault crime. 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. In Los Angeles County, any assault or battery against a police officer or emergency personnel is considered a serious matter. The law firm makes no warranties, representations, or claims of any kind concerning the information presented on this website. If you are released you will have to serve a term of post-release supervision. N.Y. 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. 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 example, if the officer is performing, on a DUI suspect, and out of nowhere, the DUI suspect. 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. Such rules vary from person to person based on what the Department of Corrections determines is needed to ensure a smooth, crime-free transition from prison back into the community. The terms assault and beat in the legal definition of Penal Code 149 are not synonymous. 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. Some aggravating circumstances that could change that standard sentence are: If the assault is against a police officer or correctional officer performing their job duties, you would face 10-20 years. This is because the officer has the same rights to self-defense as anyone else in the same or similar circumstances. The lawyer handling our case had many years of experience and treated us as if we were his own family. Regardless of which legal definition applies, the assaulter does not actually need to injure another person in order to be charged with criminal assault. 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. Note: Beat is synonymous with battery in the PC 149 context. LegalMatch, Market N.Y. Barton was also the only chosen criminal defense attorney to present to the Michigan State Polices Impaired Driving Commission on the issues of driving under the influence of marijuana. Property Law, Personal Injury According to Texas law, Texas Penal Code Ann. And a serious physical injury must have grave health consequences or create a risk of death. The maximum penalty that can be imposed for a single count of assault in the Magistrates Court is two years imprisonment. N.Y. 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. 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 Stephen Bilkis' office for an issue regarding a family member and I could not be happier with the results. Probation will not be an option. 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. Regarding marijuana, he has also very well known and respected. Upon release from prison you will have to serve a term of post-release supervision. California law treats peace officer safety as a top priority. If the person causes serious physical injury to another. Officer means any state police at their annual conference is why you need a skilled assault lawyer who understands evidence. You are released you will not have the option of sentencing you to no time... 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assault on a police officer sentence
