Assault on a Police Officer Defense

Facing charges of assault on a police officer requires a strong legal defense. Unlike standard assault cases, these allegations include officer testimony that courts traditionally give substantial weight, body camera evidence that requires legal interpretation, and potential felony-level penalties even for minimal physical contact.

Every case is unique, which is why we offer a no-obligation case evaluation to discuss your situation and potential defense strategies. Led by attorney Mehdi Essmidi, a former NY prosecutor, we know exactly how the other side thinks and goes about these cases.  Our experience can make the difference in your case. Contact us for a free consultation.

Assault on a Police Officer

Assault on a police officer takes place when someone intentionally causes physical injury to a law enforcement officer, peace officer, or emergency medical services professional while they are performing their official duties.

Second Degree

These charges typically involve threats or attempts to cause physical injury without actual contact or with minimal contact. These charges can result from heated verbal exchanges, threatening gestures, or resistance during arrest.  

First Degree

These charges involve physical contact with the intent to injure an officer or reckless actions causing injury. These cases frequently take place from physical struggles during arrests or interactions where officers claim deliberate harmful contact.  

Aggravated Assault Charges

These charges involve weapons, serious bodily injury, or actions that could potentially cause death. Under NY Penal Law, this might be charged as a violent felony. The prosecution must prove that you knew or should have known the person was a police officer and that you intentionally caused injury.

Penalties for Assault on a Police Officer Convictions in NYC

Under New York law, assaulting a police officer is treated as a serious offense, with long-term consequences.

Second-degree assault on a police officer under (NYPL § 120.05(3)): This charge is classified as a Class D violent felony. It carries a potential prison sentence of up to 7 years. The exact sentence depends on various factors, including the defendant’s prior criminal record. In addition to incarceration, penalties may include post-release supervision and fines.

First-degree assault on a police officer under (NYPL § 120.08): This is a Class C violent felony, punishable by 3.5 to 15 years in prison, including a mandatory minimum. Fines and post-release supervision also apply.

Aggravated assault on a police officer, under (NYPL § 120.11): This is classified as a Class B violent felony with a mandatory minimum of 5 years and a maximum of 25 years in prison. Other penalties include post-release supervision, fines, and a felony record.

Defenses for Assault on a Police Officer Charges

New York criminal defense attorney Mehdi Essmidi understands that every case is different, and only an investigation of the facts can determine the defense that best works for your case. Some possible defenses include:

Challenging Lawful Duty: The prosecution must prove that the police officer or peace officer was performing a lawful duty at the time of the alleged assault. If the officer was not engaged in their duties, or if their actions were unlawful or unconstitutional, this may provide a valid defense against the charges.

Self-Defense: If a person reasonably believed they were in imminent danger of bodily harm from a police officer using excessive force, they may argue self-defense.

Lack of Intent: The prosecution must prove that the accused intended to cause injury to the police officer. If the injury was accidental, a lack of intent may be a viable defense.

Misidentification: In some cases, the defendant may be wrongly accused of assaulting a police officer, and another individual may be responsible for the offense.

Contact Our New York Assault on a Police Officer Lawyer Today

When facing charges of assault on a police officer in New York, time is critical. Our experienced defense team is ready to take immediate action on your behalf. We offer confidential case evaluations, where we analyze your situation and explain the potential legal strategies available to you. Contact us for a free consultation. 

FAQ

What is the difference between assault and aggravated assault on a police officer?

The primary difference between assault and aggravated assault on a police officer is the level of injury caused and the use of a weapon. Aggravated assault involves causing serious physical injury with a deadly weapon or dangerous instrument, while assault involves causing physical injury without the use of such weapons or instruments.

What are the potential penalties for assault on a police officer?

If convicted of a Class D violent felony assault on an officer, a defendant may face up to 7 years in prison. First-time offenders may receive the lower end of sentencing, starting around 2 years. Contact our law firm today so we can start building your assault on a police officer defense strategy.

What defenses are available against assault on a police officer charges?

Some valid defense strategies exist for these charges. Self-defense may apply. Mistaken identity, lack of intent, or proving the officer was not performing lawful duty at the time are other possibilities. A skilled New York criminal defense attorney may examine whether there’s evidence beyond a reasonable doubt and if your legal rights were violated during arrest or questioning.