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Assaulting a Police Officer Charges in Brooklyn
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Facing Charges for Assaulting a Police Officer in Brooklyn
Being arrested and charged with assaulting a police officer can be an incredibly stressful and scary situation. As someone who was just charged, you likely have a lot of questions about what happens next and what options you have. This article provides an overview of assaulting an officer charges in Brooklyn, potential penalties, defense strategies, and helpful resources to help you understand the legal process.
Overview of Charges
- Assaulting a police officer is considered a very serious offense in New York. The specific charges may include assault in the second degree, assault in the first degree, resisting arrest, obstruction of governmental administration, or harassment.
- These charges can be either misdemeanors or felonies, depending on the circumstances. Felony charges often apply if the officer suffered physical injury.
- Police officers are considered “special victims” under New York law. So assaulting an officer carries harsher punishments than assault against an ordinary citizen.
Potential Penalties
The potential fines and jail time vary widely depending on the specific charges and whether you are convicted of a misdemeanor or felony:
- Misdemeanor – Up to 1 year in jail and fines up to $1,000
- Felony – Up to 7 years in prison per charge and significant fines
Other consequences may include:
- Having a permanent criminal record
- Difficulty finding a job or renting an apartment
- Being unable to own a firearm
- Deportation (for non-citizens)
Building an Effective Legal Defense
Fighting assaulting an officer charges requires an experienced criminal defense attorney on your side. Here are some key aspects of building a defense case:
- Contesting improper police conduct – If the officer acted inappropriately during the arrest, that can sometimes lead to charges being reduced or dismissed. Your lawyer may argue the officer used excessive force or failed to properly identify themselves.
- Questioning witness credibility – Witness testimony may conflict or have credibility issues. Your attorney can highlight inconsistencies to raise reasonable doubt.
- Presenting mitigating evidence – The circumstances leading up to the alleged assault are critical. Your lawyer may argue self-defense or present evidence of mental illness.
- Negotiating with the prosecution – Prosecutors may offer a favorable plea deal to avoid the time and expense of trial. An experienced attorney can negotiate effectively on your behalf.
Finding the Right Lawyer for Your Case
Securing experienced legal representation is critical when facing assaulting an officer allegations. Key tips:
- Find an attorney who specializes in assault and battery cases. General practitioners often lack the specific expertise required.
- Choose a lawyer familiar with Brooklyn courts and prosecutors. Local knowledge can prove invaluable.
- Ask about their track record taking cases like yours to trial. Not all firms have courtroom experience necessary to mount an aggressive defense.
- Discuss payment structures upfront. Rates and payment plans can vary widely between attorneys.
Reputable Brooklyn criminal defense attorneys known for defending assaulting an officer cases include:
These public defender non-profits provide legal representation to people who cannot afford a private attorney. They specialize in Brooklyn criminal cases with highly experienced lawyers.
What to Expect After Being Charged
If you were arrested after allegedly assaulting a police officer, here is a quick overview of what generally happens next:
- You will be held in jail pending arraignment. This must happen within 24 hours.
- At your arraignment, charges are formally read and bail is set. The judge decides if you can be released from jail while your case proceeds.
- The prosecutor usually asks for high bail, while your lawyer argues for release without bail or a low bail amount you can afford.
- If released, your conditions likely include things like: avoiding further arrests, attending court dates, avoiding contact with the alleged victim.
- Your defense attorney begins investigating the charges and building your legal defense strategy.
- Over a series of court dates, your lawyer negotiates deals with the prosecutor and files motions contesting the charges.
- If no plea deal reached, eventually a trial date is set. The trial determines if you are found guilty or not guilty.
This whole process can take many months to resolve. An experienced criminal lawyer guides you through each step.
Finding Support and Helpful Resources
Facing criminal charges takes an incredible mental and emotional toll. It is critical to lean on your support system during this difficult time. Helpful resources include:
Legal Resources
- New York Courts Self-Help Website
- Brooklyn Criminal Court Information
- New York City Bar Legal Referral Service
Community Support Groups
Financial Assistance for Legal Fees
- Brooklyn Defender Services Client Resources
- New York State Defenders Association
- NYS Office of Indigent Legal Services
Dealing with criminal charges is incredibly difficult. But know there are always options and support available. An experienced attorney can fully evaluate your case and help develop the most strategic legal approach. If you or a loved one are facing allegations of assaulting a police officer, do not hesitate to seek legal representation right away.