New York Assault on a Police Officer Lawyer

Defending Clients Accused of Assaulting a Police Officer

Being charged with assaulting a police officer in New York can be a harrowing experience, and it is essential to have an experienced criminal defense attorney by your side. At The Law Offices of Mehdi Essmidi, P.L.L.C., our New York Assault on a Police Officer Lawyer is dedicated to providing vigorous representation for individuals facing charges related to assaulting a police officer.

Understanding Assault on a Police Officer Charges

Assaulting a police officer is considered a serious offense in New York, as it involves causing physical injury to a police officer or peace officer while they are performing their lawful duties. The term “police officer” includes not only members of the NYPD but also other law enforcement officers, such as parole officers, and peace officers, such as court officers or firefighters. Assault on a police officer charges can range from second-degree assault to aggravated assault, depending on the circumstances.

§ 120.05 Assault in the Second Degree

Under New York Penal Law § 120.05, second-degree assault is a class D felony, punishable by up to seven years in state prison. This charge applies when a person intentionally causes physical injury to a police officer or peace officer while they are performing their lawful duty, or when the person intends to prevent the officer from performing their official duties.

§ 120.08 Assault on a Peace Officer, Police Officer, Firefighter or Emergency Medical Services Professional

New York Penal Law § 120.08 defines assault on a peace officer, police officer, firefighter, or emergency medical services professional as a class C felony. This charge applies when a person intentionally causes physical injury to a protected individual using a deadly weapon or dangerous instrument while the individual is performing their lawful duties. A conviction under this section carries a minimum sentence of 3.5 years and a maximum of 15 years in state prison.

§ 120.11 Aggravated Assault upon a Police Officer or a Peace Officer

Aggravated assault upon a police officer or a peace officer is an even more severe charge, classified as a class B felony under New York Penal Law § 120.11. This charge occurs when a person intentionally causes serious physical injury to a police officer or peace officer using a deadly weapon or dangerous instrument. A serious physical injury involves a substantial risk of death, serious and protracted disfigurement, or protracted impairment of a bodily organ. A class B felony carries a minimum sentence of five years and a maximum of 25 years in state prison.

§ 70.10 Sentence of imprisonment for persistent felony offender.

Individuals with prior felony convictions can face enhanced penalties if charged with assaulting a police officer. If someone has two or more prior convictions for violent felonies, they can be classified as a persistent felony offender, making them eligible for a life sentence in state prison.

Defenses for Assault on a Police Officer Charges

Our New York Assault on a Police Officer Lawyer understands that every case is unique and will employ a variety of strategies to mount a strong defense. Some possible defenses include:

1. 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 lawful duties, or if their actions were unlawful or unconstitutional, this may provide a valid defense against the charges.
2. 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.
3. 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.
4. Misidentification: In some cases, the defendant may be wrongly accused of assaulting a police officer, and another individual may be responsible for the offense.

Consequences of a Conviction

A conviction for assaulting a police officer can have far-reaching consequences, including a lengthy prison sentence, victim assistance fees, and loss of government benefits. Additionally, a criminal record can make it challenging to find employment, housing, and can have adverse effects on immigration status.

Why Choose The Law Offices of Mehdi Essmidi, P.L.L.C.

At The Law Offices of Mehdi Essmidi, P.L.L.C., our experienced criminal defense attorney is committed to fighting for clients facing police officer assault charges. We understand the intricacies of New York law and work tirelessly to protect your rights.

When you choose our law firm, you can expect:

1. Personalized Representation: We understand that each case is unique and will develop a tailored defense strategy based on the specific circumstances of your case.
2. Aggressive Advocacy: Our New York Assault on a Police Officer Lawyer will vigorously defend your rights in and out of court, challenging the prosecution’s evidence and presenting a strong defense on your behalf.
3. Knowledge and Experience: With years of experience defending clients against assault charges, our attorney has a deep understanding of New York law and the complexities of cases involving police officer assault.
4. Compassionate Support: We understand the emotional toll that being charged with assaulting a police officer can take on you and your loved ones. Our team is dedicated to providing compassionate support and guidance throughout the legal process.
5. Commitment to Results: Our primary goal is to secure the best possible outcome for your case, whether that means negotiating a favorable plea deal, seeking a reduction in charges, or fighting for an acquittal at trial.

FAQ

What should I do if I have been charged with assaulting a police officer?

If you have been charged with assaulting a police officer, it is crucial to consult with an experienced criminal defense attorney as soon as possible. They will help you understand the charges against you and work to build a strong defense on your behalf.

Can I be charged with assault on a police officer if the officer wasn’t in uniform?

Yes, you can still be charged with assault on a police officer if the officer was not in uniform, as long as the officer was performing their lawful duties and you were aware or should have reasonably known that the individual was a police officer or peace officer.

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 degree of injury caused and the use of a deadly weapon or dangerous instrument. 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.

Can I argue self-defense if I was defending myself against excessive force by a police officer?

Yes, self-defense may be a valid defense in cases where you reasonably believed you were in imminent danger of bodily harm due to the officer’s use of excessive force. However, the circumstances surrounding the incident will be crucial in determining whether this defense is viable.

How will a conviction for assaulting a police officer affect my future?

A conviction for assaulting a police officer can have long-lasting consequences, including a lengthy prison sentence, victim assistance fees, and a criminal record. Having a criminal record can make it difficult to find employment, housing, and may negatively impact immigration status. It is essential to work with an experienced criminal defense attorney to minimize these consequences and fight for the best possible outcome.

Contact Our New York Assault on a Police Officer Lawyer Today

If you or a loved one is facing charges related to assaulting a police officer, it is crucial to act quickly and secure the representation of an experienced criminal defense attorney. At The Law Offices of Mehdi Essmidi, P.L.L.C., we understand the severity of police officer assault charges and are prepared to fight tirelessly on your behalf.

Do not let a charge of assaulting a police officer jeopardize your future. Contact our New York Assault on a Police Officer Lawyer today to schedule a confidential consultation and learn how we can help protect your rights and secure the best possible outcome for your case.