NYC Assault on a Police Officer Lawyers

Assault on a police officer is a violent felony. If you are convicted of this offense, you will spend at least two years in prison, though it is possible you may be hit with a life sentence. If you have been convicted of assaulting a police officer, be sure to contact the Federal Lawyers immediately.

Assault on a Police Officer in New York

While allegations of assault on a police officer are difficult to beat, there are situations in which the side of justice does not agree with the police. When police officers don’t perform all of their duties by procedural standards, there is often room for error.

When considering the allegations that come with assault on a police officer, there are three different charges that one might face a conviction for according to the degree of injury: assault on a police officer, aggravated assault, and assault in the second degree.

1. Assault on a Police Officer

You may be charged with assault on a police officer if you seriously injured the officer while intentionally preventing them from performing their job. This is a class C felony.

2. Aggravated Assault on a Police Officer or Peace Officer

Much like an assault on a police officer, you will be charged with this offense if you cause serious injury using a deadly weapon. This is a class B felony.

3. Assault in the Second Degre

As the least serious offense, assault in the second degree refers to an individual causing harm to a police officer while intentionally preventing them from performing their duties. This is a class D felony.

Assault on a Police Officer Defenses

While an assault on a police officer is seen as an incredibly ruthless crime, there are valid defenses that may work for your case.

1. The Type of Injury

The injury that a police officer receives during the attack must be serious enough to cause significant pain or impairment. If the injury is not that serious, you may be able to escape a conviction.

2. Preventing Lawful Duty

Another way you may defend against allegations of assault on a police officer is to present the claim that the officer was injured while off duty or not in the process of performing their lawful duties.

After a Conviction

After being convicted of assault on a police officer, you will be sentenced to prison, as well as forced to pay fees, fines, and restitution. You will also be subject to post-release supervision.

Depending on the particular level of assault you were convicted for, as well as your prior record, you may spend more or less time in jail. Wondering how long you may go to prison if convicted of assault on a police officer? That depends on:

1. Prior Convictions

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These include any felony convictions you may have received in the past 10 years.

2. Violent Predicate

Legal Scenario: What Would You Do?

Scenario

During a heated argument outside a bar in Manhattan, you shoved someone who then fell into a uniformed NYPD officer, causing the officer to hit the ground and sustain a knee injury. You were arrested and charged with Assault on a Police Officer under New York Penal Law § 120.08, even though you never intended to hurt the officer.

Can I really be charged with assaulting a police officer when I didn't even know the officer was there and never meant to harm them?

Attorney's Answer

Under New York Penal Law § 120.08, Assault on a Police Officer is a Class C violent felony that requires the prosecution to prove you intended to prevent the officer from performing their lawful duty and that you caused serious physical injury. The fact that you did not intend to strike the officer directly could be a strong defense, as the statute requires intent directed at the officer specifically. If convicted, you face a mandatory minimum of 3.5 years and up to 15 years in state prison, so building a solid defense strategy early is critical. An experienced attorney can argue lack of intent, challenge the severity of the injury, or negotiate reduced charges such as Assault in the Third Class A misdemeanor under Penal Law § 120.00.

This is general information only. Contact us for advice specific to your situation.

This refers to a conviction of a violent felony in the past 10 years.

3. Persistent Felony Offender

If you have two or more prior felony convictions, your record will show that you are a persistent felony offender.

If you are charged with assault on a police officer, it will be difficult for you to gain sympathy from anyone in the courtroom. This is why it is necessary for you to start building your case with the more experienced lawyers from the Federal Lawyers. With the right legal aid, your case will be able to strong enough to hold up in court.