What happens if you assault a policeman

The requirement that the police officer must have been in the process of performing his lawful duty was not met. Aggravated assault upon a police officer or a peace officer. You would have committed this offense if you intentionally seriously injure a police officer who was attempting to perform his official duties. You must have used a deadly weapon or dangerous instrument to commit the assault.

It is a class B 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. A dangerous instrument is defined as anything that is capable of causing death or serious injury. A vehicle is one example of a dangerous instrument.

However, there are many other things that may be considered a deadly weapon or dangerous instrument. In People v. Plunkett , N. Type of Injury. To be convicted of assault on a police officer, the injury cannot be slight. For a second degree assault charge based on assaulting a police officer the injury must cause the victim substantial pain or physical impairment.

For assault on a police officer or aggravated assault upon a police officer the injury must be serious- presenting a substantial risk of death. 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. Lawful duty. 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.

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. The police officer had not stopped and questioned the defendant based on lawful police procedure. 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. If you are convicted of assault on a police officer your sentence will include prison, payment of fines, fees, and restitution, and post-release supervision.

The actual length of your prison sentence will depend not only on the offense of which you are convicted but also on your prior criminal record.

Based on your criminal record, you will be labeled as follows:. Assault in the second degree is a class D felony. The maximum possible sentence is 7 years in prison. 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.

Your sentence will be determinate, meaning that it will be a set period of years and not a range of years. Even if you have no prior convictions the minimum prison sentence you will receive is 2 years. The court will not have the option of sentencing you to no prison time. It is very unlikely that an officer will testify in court that they were the initial aggressor in an assault situation or that they were aggressive to the point where a person was forced to act in self-defense.

Beyond that, in typical assault cases there will often be situations where people who are testifying against each other might have bias or might have some credibility issues to keep their testimony from being relied on by the finder of fact.

In assault on police officer cases this is very unusual. Police officers usually do not know the person they are charging prior to the charging event. Traditionally, the crime of battery was committed if a person caused actual injury to another, and the crime of assault was committed if a person threatened or attempted to cause injury.

Although some states still recognize separate crimes of assault and battery, most states use either the crime of assault the injury is an assault; a threatened or attempted injury is attempted assault , or the crime of battery the injury is a battery; a threatened or attempted injury is attempted battery.

As explained, states have singled-out assaults or batteries against police officers for special treatment, but they don't always write separate laws for these situations. In states that do write separate laws, there is a stand-alone crime called "battery against a police officer;" other states will have a crime called "assault against a police officer. The name of the crime is not important; the type of behavior prohibited by the law is what is important. Generally, in order to convict a person of the crime of battery against an officer the prosecutor must show that the defendant:.

In some states, the defendant must actually cause injury to the officer. The degree of injury required is usually pretty slight and a bruise or a cut will qualify. Causing serious injury to a police officer, such as a broken bone or a gunshot wound, is almost always a very serious crime, punishable by many years in prison. Under the laws in most states, police officer is defined broadly. Battery against an officer can be committed against a variety of law enforcement officials, such as:.

Sometimes, district attorneys, attorneys general, and state employees who enforce regulatory rules, such as building inspectors and wildlife and fisheries employees, are also protected.

In most states, the crime of battery against an officer can be committed only when the officer is performing official duties or acting as a police officer. The officer does not necessarily need to be on the clock as long as the officer is performing a job duty. Assault on a Public Servant or Emergency Worker There is no separate offence for assault on a public servant or emergency worker.

Paragraph 4. How Can Forrest Williams Help? You can depend on us. We know you will want to discuss this with our assault PC solicitors. Call us on for a free and honest assessment of your chances of success.