The penalties for assault and battery are steep. However, the consequences for assaulting and battering a police officer are even worse. If you are convicted of this crime, then you could spend several years in prison. The best thing that you can do if you are charged with assaulting a police officer is to call a criminal defense lawyer.
Who Does The Law Protect?
It is important to note that you could get in serious trouble if you are charged with assaulting any government official. This includes law enforcement officials, firefighters, probation officers, emergency medical technicians and members of the national guard.
The Penalties for Assaulting a Police Officer
There are some factors that will determine the penalties for assaulting a police officer. This includes the extent of the officer’s injuries and the circumstances surrounding the incident. You may face the following punishments.
The crime can be classified as a misdemeanor or felony. The maximum amount of time spent in jail for a misdemeanor is one year. The punishment for a felony is a minimum of one year spent in prison. If a police officer is seriously injured or killed during an assault, then the person can spend up to 25 years in prison.
What You Should Do If A Police Officer Stops You
You don’t want to resist arrest if you have been stopped by a police officer. Even if you do not think that you have done anything wrong, you should not resist arrest. It is important for you to do what the officer says. You will also need to make sure that your hands are visible. Officers are within their right to use physical force to get you to comply. If you try to fight the officer, then you may end up with an assault charge.
Why You Need An Attorney to Defend You
The prosecution’s job is try to get you punished as harshly as possible. They will come down even harder on you if you have been accused of assaulting a police officer. That is why you need an attorney who can stand up for you in court. Your attorney is familiar with the laws in your area. They will be able to determine how your case will fare in court.
They will also help you get the best outcome for your case possible. You won’t have to go through it alone.
Possible Defenses for Assaulting A Police Officer
Assault cases are treated differently when the victim is a police officer or government official. However, there are still some possible defenses that can be used. Self defense is a defense that can be used if you assault a police officer.
If you were attacked by the police officer first, then you can defend yourself. You may also be able to use the self defense argument if you feel like you have been threatened by a police officer. However, the force that you use against the police officer has to be in direct proportion to the police officer’s force.
Your attorney can also argue that the police officer did something to violate the constitutional rights that you have. For example, the police officer is required to read your Miranda Rights. If they fail to do this, then this can be possibly be used as a defense.
Should I Negotiate or Try to Fight the Charges?
In order to ensure that your case has the best outcome possible, you will need to consult with a criminal defense lawyer as soon as possible. Avoid discussing the case with anyone because they will try to use anything that you say against you. Criminal defense attorneys can help you if any of the following things pertain to you.
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