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. 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. Discover our vast array of legal resources and guidance. [1] It is a summary offence. What is the penalty for assaulting a police officer? In Arizona, the penalties for assault on a police officer may include: Class 2 felony: presumptive term of five years in prison. Jaclyn holds a J.D. Law 70.08. I understand that him having undergone chemotherapy would make his life more difficult than the average person. For clarity, the balance of this article will use the term battery in place of beat.. 10 years and/or $10,000 fine. If an injury was inflicted on the police officer then the maximum penalties increase significantly. The lawyer handling our case had many years of experience and treated us as if we were his own family. 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. 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. Law, Immigration Prior to joining LegalMatch, Jaclyn was a paralegal and freelance writer. A wobbler offense is a crime that may be charged either as a misdemeanor, or as a felony. Pen. This information is not intended to create an attorney-client relationshipand receipt or viewing does not constitute such relationship. Assaulting a police officer is a Class C felony punishable by 1-15 years in prison. For one, police officers are vested with the power of enforcing the law. For instance, with regard to assault in the second degree, no prior convictions may result in you receiving the minimum sentence of two years, prior non-violent convictions could result in at least three years, and a history of violent crime could lead to a sentencing of at least five years. N.Y. N.Y. is considered a highly serious charge thats complex to fight in court. Whoever--. 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. Your 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. For instance, in New York, the assaulter must have committed an assault on an individual that they knew (or reasonably should have known) was a law enforcement officer and it must have been done with the intent to prevent the officer from executing a lawful duty. A man who had been accused of fighting with Oak Ridge police officers and significantly injuring one of them was sentenced to three years in . 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. Pen. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. A new offence will double the maximum sentence from 6 to 12 months in prison for assaulting an emergency worker. 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). The police officer had not stopped and questioned the defendant based on lawful police procedure. The crime of assaulting a police officer is covered under California Penal Code Section 241 (c). 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. The attorneys at the Law Offices of Stephen Bilkis & Associates have decades of experience representing clients who have been charged with assault and other serious crimes such as domestic violence, DWI, grand larceny, and sex crimes. 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. 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. & Summarized). This offense is a class C violent felony. However, there are many other things that may be considered a deadly weapon or dangerous instrument. 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: 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,. For example, if the officer is performing Field Sobriety Tests on a DUI suspect, and out of nowhere, the DUI suspect brandishes a firearm and makes criminal threats towards the officer, then the officer is likely legally entitled to use force, including deadly force in self-defense in this scenario. (a) In general. It should be noted, however, that the above definitions will vary by jurisdiction. Barton played an instrumental role in the legalization of adult use marijuana in Michigan with the successful Campaign to Regulate Marijuana Like Alcohol in November of 2018 (he was also part of the failed campaign in 2016). Given the serious nature of this offense, in most cases, a convicted defendant should expect to serve some amount of time in a county jail or state prison. 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. By carrying out an assault while an officer is on duty, it can deter them from responding to an emergency for fear of being attacked, can disrupt an ongoing emergency (e.g., the officer is helping someone who is in trouble and then gets attacked by another individual while assisting), and/or can endanger any innocent bystanders. 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. However, spitting on an officer can turn that sentence into as long . Pen. Fine: Per California law, the maximum fine for any conviction of PC 149 is $10,000.00. 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. If you have been charged with assaulting a police officer, its of vital importance that you speak to an experienced criminal defense attorney to understand the ramifications of this crime especially since these kinds of convictions have the potential to follow you for the rest of your life. And when a defendant is arrested for assault of an officer, the prosecutor and the court will take such charges very seriously. Assault on a peace officer is a class C felony. We are still married and got our ways straightened away. 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). Barton has been named a Super Lawyer every year since 2015 and a Top Lawyer by DBusiness Magazine annually. These penalties differ significantly from a . What Makes a Competent Witness in a Criminal Prosecution. With a law enforcement agent, it's 10 years and a $5,000 fine. 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. Therefore, if you have been charged with assaulting a police officer, you should contact a local criminal lawyer as soon as possible. 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. N.Y. N.Y. California law treats peace officer safety as a top priority. To use an example, if an individual were to hit a police officer intentionally with their car after being stopped by them, causing them grave physical injury, this would likely be classed as assault on a police officer. There are also a minority of states that have opted not to create such a crime. 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. After I had some legal problems, Mr Bilkis and his firm continually got me out of trouble. The court will not have the option of sentencing you to no prison time. 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 . I have recommended the firm to friends and family, all of whom were also ecstatic with Mr. Bilkis and all members of his staff. In most states, when an assault occurs against a police officer, it is considered a "sentence enhancer.". Law, Products 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. Assault police, depending on the seriousness of the assault, is an offence that may in some . Assault and battery on a police officer is considered a misdemeanor offense in the state of Massachusetts. Class 4 felony: presumptive term of two years & six months in prison. 3. is a more serious charge and a class C felony, in which the defendant causes death, risk of death, protracted disfigurement, loss of a bodily organ, or the serious impairment of health. ) 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. 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 . If you are convicted of any one of them in addition to having to spend time in prison you will also have to face additional consequences after you are released from prison such as being subject to post-release supervision restrictions and having a criminal record. Her role entails writing legal articles for the law library division, located on the LegalMatch website. That act itself just took what couldve been a simple mistake to a class C felony. If convicted, the alleged assailant can face anywhere between two to 10 years in prison and fines as high as $10,000. Penal Code 241 PC makes it a crime to assault a police officer or other public safety first responders while performing their official duties.. 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. 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). 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). Contact Michigan's Most Aggressive Criminal Defense Team |, Michigan DUI Laws and Alcoholism Resources. Law 70.08. 2022 The Law Offices of Julie Rendelman, LLC. Although all types of assault are taken seriously in a court of law, assaults against police officers are seen as particularly egregious the court likely wont be in your favour, and you are likely to face years in prison. Assault on a police officer is a class C felony. 20 years and/or $20,000 fine. 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. And a serious physical injury must have grave health consequences or create a risk of death. Again, whether or not this degree of crime exists will depend on state laws. To be convicted of assault on a police officer, the injury cannot be slight. The law firm makes no warranties, representations, or claims of any kind concerning the information presented on this website. Judge Richard Twomlow said that while defendants who sexually assault police officers would normally receive a "significant and immediate" custodial sentence, he accepted there were "great difficulties" in Holland's life. If you are not a citizen of the United States federal law may require that you be deported. 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. This is known as a county prison sentence. 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. 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. N.Y. New York Assault on a Police Officer Lawyer. 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." Some Quick Definitions. And jail or prison time is not the only possible penalty convicted individuals will face. He consistently achieves exceptional . What is the penalty for assaulting a police officer? On conviction of assaulting a police officer contrary to section 89 of the Police Act 1996, the defendant faces a sentence of up to 6 months' imprisonment and/or a fine of up to 5,000. Assault is a serious crime in itself, according to Michigan law. Also, the judge may allow the defendants felony sentence to be split, or suspended (aka joint suspended prison sentence). Sentencing for assault depends on the offence type. 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. 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. 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. 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. Because assault on a peace officer is also classified as a violent felony, the judge is required to impose a minimum sentence of 3 1/2 years in prison even if you have no prior convictions. if the assault occurred because that person is a police officer. 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. I then had his firm represented my wife and he got her out of trouble! Copyright 1999-2023 LegalMatch. Lawful duty. 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. Aggravated assault upon a police officer or a peace officer. If you willfully use or threaten violence against another person, it's a crime in California under assault and battery laws. 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 (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 . I was impressed with their professionalism and would recommend them to friends and family in a heartbeat. Law 120.11. 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. Both physical injury and serious physical injury require more than just a slight bump or bruise. Police officers protect our communities. 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. Pen. A person may be convicted of Aggravated Assault of a police officer charges if: They commit Assault under A.R.S. If youve been arrested for assaulting an officer, contact a criminal defense attorney right away. ATTORNEY ADVERTISING -- Prior results do not guarantee similar outcomes in future cases. https://str.sg/3hEu. Some potential penalties that a convicted defendant may receive include a jail or prison sentence, parole, probation, community service, criminal fines, and/or restitution. Aggravating factors are elements that convert misdemeanor assault charges into felony offenses, which tend to be much more serious crimes. Assaulting, resisting, or impeding certain officers or employees. Based on your criminal record, you will be labeled as follows: Assault in the second degree is a class D felony. 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. While there are less gun-related deaths at the hands of police officers, officers are believed to be quick to use violence. There are 3 different assault charges related to assaulting a police officer. Jaclyn started at LegalMatch in October 2019. Law 10.00(9) . 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. Request a free consultation now. 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. 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. This monetary fine is in addition to any other monetary fee and/or restitution. 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. Sentence for PC 245 (c) Prison Sentence: The crime of assault on a police officer is classified as a felony. This is why you need a skilled assault lawyer who understands the evidence and isnt afraid to ask the hard questions. If the person uses a deadly weapon or dangerous instrument. However, it is still a felony. Facing assault charges? 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. . 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. One way to challenge the assault charge would be to argue the officer wasnt injured within the meaning of the law. A skilled lawyer will not advise you to plead guilty on the get-go. However, if the injury to the police officer is serious physical injury, the defendant has committed Assault of a Police Officer. 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. For example, if you are playing recreational baseball and you threaten to strike the umpire while chasing them with your bat, then you could be charged with assault. 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. What are the Penalties for Assaulting a Police Officer? ) In fact, you will be barred from working in certain professions such as being a teacher or a lawyer. Even when there is no injury whatsoever, the charge is considered a felony and is punishable by up to two years in prison. Law 70.02. If you are convicted you will be incarcerated for multiple years, have to pay fines and have a criminal record. 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. 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. If you are released you will have to serve a term of post-release supervision. There are several reasons as to why assaulting a police officer is considered a more serious crime than assaulting the average citizen. The penalties for assault and battery vary depending on the circumstances of the case. Barton is currently the chair-elect of the Cannabis Law Section of the State Bar of Michigan and will Chair that section in 2023-2024. 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. 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. Assault in the second degree. Regardless, the dash cam and body cam video is extremely important in preparing a solid strategy to fight this offense. In People. Pen. 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. What is Endangering The Welfare Of a Child. 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. Call today! Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. For more information, see PC 1001.95 Judicial Diversion. Resulting in medical attention. Furthermore, you will also have to pay a fee to the company charged with collecting the restitution from you. Law, Government A new offence will double the maximum fine for any conviction of PC 149 $! And fines as high as $ 10,000 fine and a serious physical injury, the alleged assailant can face between. Fine: Per California law, the charge is considered a highly serious charge thats complex to fight court! 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