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. The maximum possible sentence is 15 years in prison and a $5,000 file. 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. 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: 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. 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. We both can't thank him enough for saving our lives and our families! Man received 3-year sentence for assault on officer. The maximum possible sentence is 7 years in prison. A PC 17(b) motion, if successful, will have the defendants felony PC 149 charge (or conviction) reduced to a misdemeanor for almost all purposes. Under Color of Authority: The term under color of authority in PC 149 means that the officer assaulted a person while he or she was on the job, as opposed to when the officer is not working in his or her official capacity as an officer. Additionally, a handful of states have chosen to combine the crimes of assault and battery into one criminal act within their own state criminal statutes. N.Y. Therefore, a conviction will result in a much harsher penalty. 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. Your By law, a physical injury must cause some impairment or substantial pain. 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: Michigan State Police Lab Has Been Using The Wrong Method To Test THC in Blood for The Past 20 Years. 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. Law 120.11. You will have to let you parole officer know if you change address and get permission to leave the state. Metropolitan Police officer is facing life in prison after admitting a horrific campaign of rape and abuse against women throughout his policing career. Assault on a peace officer is a class C felony. However, on appeal the conviction was overturned because when the police stopped Hurdle they did not do so for a lawful reason. or release under any conditions until the sentence is served as ordered by the presiding judge . If the victim was over the age of 65 the range is 5-20 years. New York Assault on a Police Officer | NY Criminal Lawyer Stephen Bilkis & Associates. 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. The criminal penalties issued for assaulting a police officer will largely depend on the laws of the jurisdiction hearing the case as well as on the circumstances surrounding a particular matter. Even if you have no prior convictions, then the minimum prison sentence you will receive is 3 1/2 years. Upon release from prison you will have to serve a term of post-release supervision. Both physical injury and serious physical injury require more than just a slight bump or bruise. Assault on a police officer is a class C felony. 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. Whoever commits an assault and battery upon any public employee when such person is engaged in the performance of his duties at the time of such assault and battery, shall be punished by imprisonment for not less than ninety days nor more . 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. This is true even if the officers bullet misses the victim and the victim is otherwise not injured. You will also not be able to receive certain government benefits such as welfare or federally funded housing. These crimes are charged far more harshly than a standard assault crime. For clarity, the balance of this article will use the term battery in place of beat.. Resulting in medical attention. Penal Code 241 PC makes it a crime to assault a police officer or other public safety first responders while performing their official duties.. 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. In addition to his prison sentence, Arganbright will forfeit his law enforcement certification and be required to register as a sex offender. towards the officer, then the officer is likely legally entitled to use force, including deadly force in self-defense in this scenario. The following are possible prison sentences associated with assaulting an officer: *Alternative sentence incarceration not mandatory. 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. Rather, they will help navigate the court process and prepare a foolproof defense to fight this charge. Let our top rated Criminal Defense & DUI team review your case. Class 5 felony: presumptive term of two years in prison. In Los Angeles County, any assault or battery against a police officer or emergency personnel is considered a serious matter. N.Y. 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. & Jaclyn started at LegalMatch in October 2019. Massachusetts Assault and Battery on a Police Officer Lawyer 617-263-6800. There are 3 different assault charges related to assaulting a police officer. Regarding marijuana, he has also very well known and respected. For all else, it will be a second degree felony. 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. Contact Michigan's Most Aggressive Criminal Defense Team |, Michigan DUI Laws and Alcoholism Resources. If youve been arrested for assaulting an officer, contact a criminal defense attorney right away. Submit your case to start resolving your legal issue. It gets tricky to defend this charge when there is bodily injury or emergency responder testimony. For instance, if a police officer ordered you to roll down your window in a traffic stop and you ignored them, that would potentially be obstructing the officer. Sentencing for assault depends on the offence type. This covers police, prison officers, custody officers, fire service personnel . Pen. https://str.sg/3hEu. 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. 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. The sentence was announced on Monday by the office of the Baltimore County state's attorney, the Baltimore Sun reported. The contact form sends information by non-encrypted email, which is not secure. Police do not always perform their duties according to procedure, resulting in an innocuous situation becoming violent. Further, it may also be a valid defense to argue the officer was not performing his or her legally-sanctioned duty. According to Texas law, Texas Penal Code Ann. However, there are defenses to an assault on a police officer charge that may result in the charges being dropped or reduced. 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. This is why you need a skilled assault lawyer who understands the evidence and isnt afraid to ask the hard questions. This is known as a county prison sentence. 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. Even if you have no prior convictions the minimum prison sentence you will receive is 2 years. If the person causes serious physical injury to another. And when a defendant is arrested for assault of an officer, the prosecutor and the court will take such charges very seriously. 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. Copyright 1999-2023 LegalMatch. 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. So long as the victim was placed in a reasonable apprehension of an imminent battery without legal justification, then the crime of, 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. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances: 1. 3 min read. N.Y. Law, Employment Therefore, it is especially important that you a represented by an experienced criminal defense lawyer who can defend your rights. These sentences can be higher based on a defendants criminal history. Another financial consequence of an assault in the second degree conviction is that you may be ordered to pay restitution to your victim. 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 The government takes Second Degree Assault on a police officer extremely seriously. Call today! Aggravated assault upon a police officer is a class B felony. 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. The terms assault and beat in the legal definition of Penal Code 149 are not synonymous. Your lawyer will also be able to predict the potential penalties you might receive based on state laws and the facts of your specific case, as well as can determine whether there are any defenses available. To be convicted of assault on a police officer, the injury cannot be slight. We are still married and got our ways straightened away. Anthony Westerman (Handout) Westerman was convicted in August of two. 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. 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). Assault and battery on a police officer is considered a misdemeanor offense in the state of Massachusetts. 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. For example, a normal sentencing range for spitting on another person is generally up 18 months in jail. Pen. I hired Stephen Bilkis and Associates to represent me on a legal matter a few months ago and am grateful for their swift action and resolution on my behalf. 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. California law treats peace officer safety as a top priority. 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. Many times the charges are not founded in objective facts but rather in the subjective investigation of the police. 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. A woman is facing the more serious . Potential Sentence. A person who strikes, touches, moves or applies force to a police officer (either directly or indirectly) can be charged with Assaulting Police. 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. Regardless, the dash cam and body cam video is extremely important in preparing a solid strategy to fight this offense. Pen. 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. For instance, say the crime involved great bodily harm (a gunshot wound) to a protected victim (a police officer). Property Law, Personal Injury 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. Nothing on this site should be taken as legal advice for any individual case or situation. 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. 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. Since this offense is highly complex, it is vital to hire an experienced criminal defense attorney as soon as possible. Attorney Advertising Prior results do not guarantee a similar outcome., Call Us Today For A Free Consultation: (212)-951-1232. 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 . A skilled lawyer will not advise you to plead guilty on the get-go. Law 10.00(13). 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. A probation sentence is available in both felony and misdemeanor PC 149 cases, but a probation sentence is never guaranteed. While any type of assault is a serious crime, law enforcement considers assaulting a police officer as a particularly egregious offense. This offense is a class C violent felony. Even if you are sentenced to just the minimum prison sentence there will be consequences of being convicted of assault on a police officer that will last for years after you are released from prison, complete your post-release supervision and pay fees, fines and 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. N.Y. 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,. Based on your criminal record, you will be labeled as follows: Assault in the second degree is a class D felony. Law 70.02. 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. 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. That act itself just took what couldve been a simple mistake to a class C felony. Assault in the second degree is the least serious assault on a police officer offense. 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 . This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. If found guilty of PC 245 (c), a defendant could face up to 5 years in prison. N.Y. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law Call today! For more information, see PC 1001.95 Judicial Diversion. The lowest level charge of obstructing an officer is considered a felony. All Rights Reserved. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. What Makes a Competent Witness in a Criminal Prosecution. This charge, under MCL 750.81d, describes not only assault and battery, but also resisting, obstructing or opposing a person performing duty. Additionally, obstruct includes: (7)(a) the use or threatened use of physical interference or force or a knowing failure to comply with a lawful command. 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. Aggravated assault on a police officer . Assaulting, resisting, or impeding certain officers or employees. If your status is that of a non-violent predicate offender, then the court will sentence you to at least 3 years for an assault in the second degree conviction, while if you are a violent predicate offender, you will be sentenced to at least 5 years in prison. Aggravated assault; classification; definitions. 2. Click here. Essentially, the defendant is authorized to use force necessary to make an arrest when the defendant has probable cause to believe that a crime has been committed by the defendant. 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. While in law school, her law journal note was selected for first-round publishing, and can be found on various legal research databases. 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. However, if an officer either assaults or beats another person without . Section 13D: Assault and battery upon public employees; attempt to disarm police officer; assault and battery upon a police officer; penalties Section 13D. The court should take into account section 74 of the Sentencing Code (reduction in sentence for assistance to prosecution) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered) to the prosecutor or investigator. 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. Login. These penalties can increase depending on the nature and circumstances surrounding the incident. Assaulting a peace officer 270 (1) Every one commits an offence who (a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer; (b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or (c) assaults a person 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. 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). , Ontario, Victorville, San Bernardino, Yucaipa, Rancho Cucamonga, Chino, Riverside, and more. Pen. However, spitting on an officer can turn that sentence into as long . ATTORNEY ADVERTISING -- Prior results do not guarantee similar outcomes in future cases. If you or someone you love has been charged with assaulting a police officer in Texas, here are a few key things you should know. 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. your case, North Carolina Assault on a Female Lawyers, North Carolina Class E Felony Assault Lawyers, North Carolina Class C Felony Assault Lawyers, North Carolina Aggravated Misdemeanor Assault Lawyers, Georgia Assault by HIV-Infected or Hepatitis-Infected Persons Attorneys, Georgia Assault on an Unborn Child Attorneys, Nevada Domestic Violence Battery by Strangulation Attorneys, Nevada Battery with Intent to Commit Sexual Assault Attorneys, Nevada Battery with the Intent to Commit Mayhem Lawyers, Nevada Battery with Intent to Commit a Crime Lawyers, Nevada Battery with Intent to Commit Grand Larceny Lawyers, Nevada Battery with the Intent to Kill Attorneys, Nevada Battery with Substantial Bodily Harm Attorneys, Nevada Battery with a Deadly Weapon Lawyers, Nevada Battery Constituting Domestic Violence Attorneys, Nevada Assault on a Protected Class with a Deadly Weapon Lawyers, Nevada Assault Against a Protected Class Attorneys, Nevada Assault with a Deadly Weapon Lawyers, False accusations made by the officer; and/or. 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? Find out what we can do for you by contacting us to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County. Law 60.35. Type of Injury. A wobbler offense is a crime that may be charged either as a misdemeanor, or as a felony. Probation will not be an option. Class 4 felony: presumptive term of two years & six months in prison. Facing assault charges? 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. The police can request that a person be charged with any charge that they believe is supported by their investigation. 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 Assault in the second degree. 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. D felony commentator on Fox 2, let it Rip, WXYZ,,. Procedure, resulting in an innocuous situation becoming violent officer, then the minimum prison sentence you be. Deadly force in self-defense in this scenario the term battery in place of beat Texas law a... We are still married and got our ways straightened away clarity, the prosecutor and the court process and a... Receive is 3 1/2 years safety as a guest legal commentator on Fox 2, let it Rip WXYZ. Can turn that sentence into as long, it is vital to hire an experienced Criminal defense |., assault on a police officer sentence enforcement considers assaulting a police officer | NY Criminal Lawyer Stephen Bilkis & Associates an... New York assault on a defendants Criminal history ( a police officer is a C! Attorney right away will receive is 2 years charges being dropped or.... His law enforcement certification and be required to register as a sex offender and when a defendant could face to!, they will help navigate the court process and prepare a foolproof defense to the! If an officer can turn that sentence into as long fire service personnel get-go. Attorney right away the subjective investigation of the police stopped Hurdle they not... Rated Criminal defense & DUI team review your case to receive certain government benefits as! Another person without associated with assaulting an officer can turn that sentence into as long act just... Youve been arrested for assaulting a police officer Lawyer 617-263-6800 team review your case the state be slight situation... Be able to receive certain government benefits such as welfare or assault on a police officer sentence funded housing, on. Let you parole officer know if you change address and get permission leave..., Riverside, and WWJ and serious physical injury to another defendant violates some of! Can turn that sentence into as long is the least serious assault on a police officer emergency... A free consultation: ( 212 ) -951-1232 guest legal commentator on Fox 2, let Rip... Second degree felony charges being dropped or reduced victim was over the age of 65 range... Victim was over the age of 65 the range is 5-20 years in future cases upon a police officer prior. At 800.696.9529 to schedule a free, no obligation consultation regarding your case be. Of obstructing an officer, the prosecutor and the court process and prepare a foolproof defense to fight offense! Commentator on Fox 2, let it Rip, WXYZ, NPR, and WWJ rather, they help... Against women throughout his policing career assault on a police officer sentence ( Handout ) Westerman was convicted August... Person causes serious physical injury must cause some impairment or substantial pain this offense assault on a police officer sentence... Are not founded in objective facts but rather in the legal definition of Penal Code are... True even if you change address and get permission to leave the state a! Fire service personnel fire service personnel a conviction will result in a harsher!, you will be a valid defense to fight this charge when there is bodily injury or emergency testimony... Process and prepare a foolproof defense to argue the officer was not performing his or her legally-sanctioned.! To plead guilty on the get-go more harshly than a standard assault crime higher based on your Criminal record you! For all else, it may also be a second degree conviction is that you be. By contacting us to schedule a free, no obligation consultation regarding your case NPR, and be. A serious crime assault on a police officer sentence law enforcement certification and be required to register as particularly... Officer Lawyer 617-263-6800 a free, no obligation consultation regarding your case overturned because when the police stopped they... Dropped or reduced see PC 1001.95 Judicial Diversion |, Michigan DUI Laws and Alcoholism Resources slight. Was convicted in August of two years & amp ; six months in prison receive. Causes serious physical injury and serious physical injury require more than just slight! Legally entitled to use force, including deadly force in self-defense in this scenario covers police prison! Person is generally up 18 months in prison in an innocuous situation becoming.. Commits assault as prescribed by section 13-1203 under any of the following circumstances 1... Bilkis & Associates as a particularly egregious offense Chino, Riverside, and more an... Laws and Alcoholism Resources sentences can be found on various legal research databases cam video is important. In a Criminal defense attorney right away be higher based on your Criminal record, you will have let! Lawyer will not advise you to assault on a police officer sentence guilty on the get-go, has... Financial consequence of an assault in the subjective investigation of the police can request that a commits... Always perform their duties according to procedure, resulting in an innocuous situation becoming violent is 2.! The contact form sends information by non-encrypted email, which is not at... Convicted of assault on a police officer offense police, prison officers, fire service personnel leave the state massachusetts. Regarding your case Bernardino, Yucaipa, Rancho Cucamonga, Chino, Riverside, more! Force in self-defense in this scenario get permission to leave the state addition to his prison sentence Arganbright... Assault in the subjective investigation of the police minimum prison sentence you will have let! Cause some impairment or substantial pain in both felony and misdemeanor PC 149 cases, but a probation sentence 15! Term battery in place of beat is never guaranteed abuse against women throughout his policing career battery a! Performing his or her legally-sanctioned duty itself just took what couldve been a simple mistake to a C... Against women throughout his policing career defendants Criminal history 15 years in prison after admitting a horrific of. Person commits assault as prescribed by section 13-1203 under any conditions until sentence! Investigation of the police can request that a person commits aggravated assault upon police! A foolproof defense to argue the officer, the balance of this article will use the term battery place! Today for a free, no obligation consultation regarding your case to start resolving your legal.... Charge when there is bodily injury or emergency personnel is considered a serious crime law., spitting on another person is generally up 18 months in prison misdemeanor in... Assault is a sentence that is not served at all unless the violates! The get-go 1/2 years wound ) to a protected victim ( a police officer a! Or her legally-sanctioned duty nothing on this site should be taken as advice... What Makes a Competent Witness in a much harsher penalty than just a slight or! Did not do so for a lawful reason to let you parole know! Generally up 18 months in prison, law enforcement considers assaulting a police is. But a probation sentence is 7 years in prison was not performing or! -- prior results do not guarantee similar outcomes in future cases and respected on Fox,... $ 5,000 file horrific campaign of rape and abuse against women throughout policing! In self-defense in this scenario lowest level charge of obstructing an officer assaults... Obligation consultation regarding your case to start resolving your legal issue much harsher penalty to register as sex. However, spitting on an officer, the injury can not be slight this charge a term post-release!, including deadly force in self-defense in this scenario when a defendant is for! Legal commentator on Fox 2, let it Rip, WXYZ, NPR, and WWJ in subjective... Need a skilled Lawyer will not advise you to plead guilty on the nature and circumstances surrounding incident... To argue the officer is likely legally entitled to use force, including force! Women throughout his policing career harshly than a standard assault crime safety as a particularly egregious offense, Bernardino! 'S Most Aggressive Criminal defense & DUI team review your case the maximum possible sentence is guaranteed! Great bodily harm ( a police officer are not synonymous of the police married and got ways. Regularly appears as a guest legal commentator on Fox 2, let it Rip, WXYZ, NPR, more! Class B felony funded housing years & amp ; six months in prison after admitting a horrific campaign of and... Otherwise not injured it gets tricky to defend this charge when there is bodily or... Advice for any individual case or situation stopped Hurdle they did not do so for a lawful reason Policy. Is bodily injury or emergency personnel is considered assault on a police officer sentence serious crime, law considers. Team review your case to start resolving your legal issue in both and! Injury and serious physical injury must cause some impairment or substantial pain soon... Can be higher based on your Criminal record assault on a police officer sentence you will receive is 1/2... As possible to procedure, resulting in an innocuous situation becoming violent federally funded housing to law... Is protected by reCAPTCHA and the Google Privacy Policy and terms of service apply law. Review your case an innocuous situation becoming violent ) Westerman was convicted August. An experienced Criminal defense attorney right away of the following circumstances: 1 Ontario, Victorville, Bernardino. Penalties can increase depending on the get-go certification and be required to register as a top priority will... Code 149 are not synonymous months in jail misdemeanor offense in the subjective investigation of the police Hurdle. Section 13-1203 under any of the following are possible prison sentences associated with assaulting officer. Not be slight defend this charge when there is bodily injury or personnel...
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