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Assault or Battery on Law Enforcement
Assault or Battery on a law enforcement officer is an extremely serious office. If you are facing these charges, it is essential you have an experienced criminal defense attorney by your side.
Aggravated battery and aggravated assault on a law enforcement officer are serious criminal offenses that carry enhanced penalties due to the involvement of a law enforcement officer as the victim.
Aggravated Assault on a Law Enforcement Officer:
Definition:
Aggravated Assault: Involves intentionally threatening a law enforcement officer with violence, using a deadly weapon, or intending to commit another felony, without causing physical harm.
Law Enforcement Officer: This term includes police officers, correctional officers, probation officers, and other individuals designated as law enforcement officials. The officer must be engaged in the lawful performance of their duties at the time of the assault.
Penalties:
Aggravated assault on a law enforcement officer is a second-degree felony, which is more severe than a regular aggravated assault charge (normally a third-degree felony).
Prison Time: Up to 15 years.
Fines: Up to $10,000.
Mandatory Minimum Sentence: A minimum of 3 years in prison if convicted.
Aggravated Battery on a Law Enforcement Officer:
Definition:
Aggravated Battery: Involves intentionally causing great bodily harm, permanent disability, or permanent disfigurement to a law enforcement officer, or using a deadly weapon during the battery.
The officer must be engaged in the lawful performance of their duties, and the defendant must know (or should know) that the victim is a law enforcement officer.
Penalties:
Aggravated battery on a law enforcement officer is a first-degree felony, carrying more severe penalties than a regular aggravated battery (normally a second-degree felony).
Prison Time: Up to 30 years.
Fines: Up to $10,000.
Mandatory Minimum Sentence: A minimum of 5 years in prison if convicted.
Mandatory Minimum Sentences:
Both aggravated assault and aggravated battery on a law enforcement officer carry mandatory minimum sentences. These enhanced penalties reflect the state's intent to protect law enforcement officers by discouraging violent acts against them.
Defenses:
Possible defenses to charges of aggravated assault or battery on a law enforcement officer may include:
Lack of Knowledge: Arguing that the defendant did not know the victim was a law enforcement officer.
Self-defense: Claiming that the defendant acted in self-defense or defense of others.
False Accusations: Proving that the charges are based on false or exaggerated claims.
Unlawful Arrest: Arguing that the officer was not acting within the lawful scope of their duties.
Important Considerations:
Engaged in Lawful Duties: The officer must have been performing their lawful duties for the enhanced penalties to apply. If the officer was acting unlawfully, the enhanced charges might not apply.
Intent: The prosecution must prove that the defendant intended to commit the assault or battery and that the victim was a law enforcement officer.
These charges are taken very seriously and the consequences can be severe. Anyone facing such charges should seek immediate legal assistance to navigate the complexities of the legal system and to protect their rights.
If you are charged with Assault or Battery on a law enforcement officer offense contact our office. Consultations are always free and always confidential.