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The charge of Assault on a Police Officer is one that carries an enhanced punishment. The charge arises when the Government alleges that the accused committed an assault and/ or battery while knowing or having reason to know that the individual being assaulted is a law enforcement officer. Law enforcement officers are defined as persons such as police officers, sheriff’s deputies, firefighters, and correctional officers.

In most cases, law enforcement officers will allege that the accused intentionally assaulted them while they were attempting to arrest the accused or another individual. Anyone who has ever witnessed an arrest understands that an arrest by its nature involves physical contact and touching between the officer making the arrest and the person being arrested. Therefore, there are many defenses that can be raised on the behalf of the accused.

Assault on a police officer is a class six felony and requires a mandatory minimum of six months in jail. This mandatory minimum cannot be suspended by a judge, and a defendant is required to serve all six months, with no opportunity for alternative sentencing options.

Due to the very severe consequences of a conviction, attempting to represent yourself on such a charge can have perilous consequences. Just as in any assault and/or battery, there are defenses to the charge that the attorneys at The Simms Firm, PLC can employ. It is important that you have experienced attorneys who have handled this type of offense from both sides in order to protect yourself.