New York Assault on an Officer Penalties
Under the New York assault in the second-degree statute, there is a separate section describing assault on an on-duty police officer. The penalties for these charges can be harsh. Therefore, it is important to work with an experienced lawyer who can help you avoid New York assault on an officer penalties.
An aggressive assault attorney can build a comprehensive defense against these accusations. Throughout the legal process, an attorney can work to make sure your rights are protected and that you are raising every possible defense.What Is Assault on an Officer?
There is no New York law that specifically defines assault on a police officer. There is, however, a special sub-section of the assault in the second degree statute, which carves out certain employees of the state or of New York City as having separate protections.
Generally, under New York Penal Law 120.05, assault in the second degree occurs when someone suffers physical injury by means of a deadly weapon or dangerous instrument or if they suffer a serious physical injury and no weapon is used. In this subsection, the law also considers it assault if an individual interferes with a government official such as a police officer, EMT, fireman, or bus driver while that person is acting in the course of their duty, and as a result, someone suffers a physical injury.
For assaults involving police officers, there is no element of intent, meaning the defendant does not have to be attempting to hurt them. It is merely that the defendant is allegedly attempting to interfere with them doing their lawful duty, and they are injured as a result. Therefore, any charges under this statute would be considered Class D felonies and subject to the same penalties.Elements of These Offenses in New York
When someone is charged with this type of assault, it changes the way the case is prosecuted and defended in New York courts because these types of assault cases have different elements. In a situation where a city or state employee is injured as a result of an interference in the performance of their duty, there are different elements to prove than a regular assault case.
With a normal assault case, the prosecutor is required to establish that the defendant intended to cause an injury. In a case involving an officer, the prosecutor instead needs to establish that the officer was acting in the course of duty, that the defendant knew that this individual was a police officer acting in their course of duty, and that they caused an injury while interfering in this duty.Penalties for These Offenses
The penalty for assault in the second degree, including assault on an officer, is up to seven years in prison. However, these types of cases could often be resolved with significantly less than that. With assault in the second degree, it is possible to come to a resolution that does not include jail time if the defendant could demonstrate sufficient mitigating circumstances.
Frequently, plea deals for these types of cases involve the combination of minimum jail time and significant probation or post-release supervision. There could also be programs such as anger management or community service requirements instead of jail. The specific penalties depend heavily on what the defendant and the prosecution feel is appropriate. An attorney can help fight for a more favorable outcome.A New York Assault on An Officer Attorney Can Help
If you were accused of interfering with the duties of an on-duty police officer, it is important to take time to protect your rights. A New York assault on an officer attorney can help you fight back against these accusations. To get started, call today.