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A distinct assault charge under New York law is an assault on a police officer charge. State prosecutors – such as the District Attorneys in Manhattan, Brooklyn, Queens, Bronx, Westchester and Rockland Counties – can seek especially harsh sentences for those convicted of intentionally harming an officer.
Given how aggressively prosecutors go after those accused of such an offense, it is important to call a New York defense lawyer if charged. Your lawyer will present your side of the story in your defense.
Not only will a New York assault on an officer lawyer defend you in court, they can also protect your rights during the investigation and before trial. Contact a distinguished criminal attorney for more information on how they can help.
According to New York Penal Code Section 120.08, someone commits an assault on an officer when they intentionally prevent a peace officer or police officer from performing a lawful duty by inflicting serious physical harm on the officer. Those who commit such an assault on emergency personnel or firefighters could also face this charge.
Assault on an officer is a Class C violent felony. Anyone convicted of this offense faces a minimum of 3.5 years in prison and up to 15 years in prison. Even those convicted of a first offense will face this mandatory minimum sentence.
However, if the person convicted has a history of other violent felony convictions, they could face 25 years in prison depending on their record. It is important for those facing assault on an officer charges to call a defense attorney immediately for help.
When someone allegedly commits assault on an officer by using a deadly weapon (such as a gun or knife) or dangerous instrument (such as a vehicle or blunt object), they could face the more serious aggravated assault charge.
Aggravated assault on an officer is a Class B violent felony, with a mandatory minimum sentence of five years in prison. Those convicted of this charge face up to 25 years in prison for a first offense.
Because New York District Attorneys aggressively prosecute assault on an officer charges, it is important those accused have an experienced legal defense team. Assaulting an officer is a serious violent felony in New York.
An assault defense lawyer can defend the accused while also protecting their constitutional rights. Importantly, a New York assault on an officer lawyer can independently investigate what really happened between the officer and the defendant.
If the involved officer overstated or misinterpreted the defendant’s actions as assault, a defense attorney will use that information to protect their client in court. For that matter, if the magnitude of the injury does not reach the legal threshold of serious physical injury, a defense may very well exist even if some other harm occurred.
A New York assault attorney can try protecting you in every area of defense from ensure police do not illegally obtain evidence to back up their claim of assault.
If someone faces an assault on an officer charge, now is the time to contact a defense lawyer for help. As with all violent criminal offenses in New York, assault on an officer charge comes with heavy penalties. If convicted of this charge, you could face a prison sentence and a permanent criminal record.
Given the serious nature of these charges, you should call a New York assault on an officer lawyer for legal help. Call now and speak to an assault defense lawyer who will explain your legal options in more detail.
Call the New York Assault defense lawyers and former Manhattan prosecutors at (212) 312-7129 or contact us online today.