Tuesday, December 29, 2015

What are the Consequences for Battery against a Police Officer

If you commit battery against any police officer that results in injury to him/her, it is considered a serious crime. Several states impose harsh and specific penalties for the offense where more than one criminal defense lawyer could be involved.

Assault and battery

To injure or attempt to injure a person is termed "battery" or "assault," according to how a state defines the terms. Usually, the criminal offense of battery is committed when someone caused real injury to another person. On the other hand, assault is committed when someone attempted or even threatened to cause injury to another. A criminal defense attorney from your state can throw more light on the matter, according to the laws of your state.


States have selected assaults/batteries against any police official for special treatment, although many states don’t have separate rules for such situations. In some states it may be termed as “battery against a police officer," while in others it is known as "assault against a police officer." In short, it is not the name of the offense that matters, but the kind of conduct forbidden by the law.

Proving battery

Generally, to convict an individual for this crime, a prosecutor has to indicate that he/she caused injury to a police officer engaged in performing official tasks. This includes directing traffic, making an arrest, and performing an investigation, and that he/she was aware that the victim was indeed a police officer.

Injury or serious injury

In many states, the defendant should in fact cause injury to a police officer. The scale of injury is typically minor, such as a cut or bruise. In the case of serious injury such as a broken bone or gunshot wound, the crime is considered very serious and with punishment including several years in a state prison.

  •  Time or imprisonment in jail
  •  Restitution to the officer the injuries suffered
  •  Probation
  •  Fines that entail thousands of dollars

If a police officer stops you, don’t resist arrest since in the majority of cases an individual doesn’t have any right to oppose arrest, even if such an arrest remains illegal. Abide by the law enforcement officer’s orders, with your hands visible all the time and without making any abrupt movements. If you try to resist arrest, then the police officers are permitted to make use of force against the defendant, and if you resort to any kind of physical resistance, it can result in a charge of battery against a police officer.

Do not do what Michael Brown did in Ferguson, MO. Not only did Brown disrespect the officer for no good reason, he attacked the officer and even went after the officer’s gun. Why would he do this? Brown was obviously a violent person as is shown in different videos behaving in a violent and dangerous way. How does someone get this violent and become a menace to society? Lack of education, bad parenting, pathetic culture, those are valid points here but fit for another topic. Right now, the focus is on how to deal with the police and why you should just do what they say. 

Obtaining legal advice from a criminal defense lawyer

If you or a loved one has been arrested for battery against any police officer, hire a criminal defense lawyer without wasting any time. A lawyer well versed in the laws in your own state will be able to evaluate the finer aspects of your arrest and create a defense strategy to help you navigate through the legal process. As mentioned earlier, assault and battery against a police officer could lead to serious consequences. Therefore, make sure to seek legal recourse immediately.

You can do so by using this critical website (http://criminal-defense.usattorneys.com/) that is turning real and digital heads across the actual and digital divide, respectively.  

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