Question for LEO's

Discussion in 'Off-Topic' started by Shep482, May 17, 2012.

  1. Shep482

    Shep482 Well-Known Member Supporter

    If you assault a police officer while being arrested for underage drinking, is that just a misdemeanor ? Does it vary state to state? Don't worry not me or anyone I know, just something I saw on the news. I assume the "assault " was a punch.
  2. bhale187

    bhale187 New Member Supporter

    the definition of assault varies by state as does the charge for assault or battery.

    In IL assault is to make someone think you are about to harm them, battery is physical contact both are misdemeanors unless you add in some other factor. Physical contact on a police officer is an aggravated assault which is a felony. That's just Illinois though


    BLCKWLF GrassHopper

    For AZ…

    13-1203. Assault; classification
    A. A person commits assault by:
    1. Intentionally, knowingly or recklessly causing any physical injury to another person; or
    2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or
    3. Knowingly touching another person with the intent to injure, insult or provoke such person.
    B. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor.

    13-2508. Resisting arrest; classification
    A. A person commits resisting arrest by intentionally preventing or attempting to prevent a person reasonably known to him to be a peace officer, acting under color of such peace officer's official authority, from effecting an arrest by:
    1. Using or threatening to use physical force against the peace officer or another; or
    2. Using any other means creating a substantial risk of causing physical injury to the peace officer or another.
    B. Resisting arrest is a class 6 felony.
  4. zipper046

    zipper046 Member Supporter

    In CT assault of an officer falls under 53a-167c - Assault of Public Safety, Emergency Medical, or Health Care Personnel. It is a Class C Felony.

    An assault of a regular civilian has varying degrees. All 1st degree and 2nd degree assaults are felonies. 3rd degree is a Class A Misdemeanor.
  5. Shep482

    Shep482 Well-Known Member Supporter

    Just wanted to make sure College quarterback wasn't getting special treatment. Must be a misdemeanor in Indiana. Thanks
  6. SeventiesWreckers

    SeventiesWreckers Load Bearing Wall

    In Nevada the NRS for Battery on a Police Office also includes Taxi Drivers, Transit workers & Public Officials. It's considered a "Wobbly" statute. It may be charged as a Felony if serious injuries are sustained, or a misdemeanor in lesser cases. The Battery or Assault charge is often plea bargained down to "Disturbing The Peace Of A Peace Officer". Which sounds kind of funny, but really isn't, you can still get a year in jail for it. And in California, a disturbing the peace conviction can prevent you from owning a firearm for 10 years.
  7. ckuenzer331

    ckuenzer331 Member

    Assault on a LEO in MI is a strange charge. If you assault me while I am arresting you, are you not resisting? So... R & O is a felony and I would tack on assault on an officer, a six month misdemeanor... Just a thought since if I have to fight, get lied to, am assaulted or are generally at risk, I request everything I can.
  8. Kmurray96

    Kmurray96 Well-Known Member Supporter

    In NJ, it depends on the cop. If he isn't hurt and doesn't want to look like a wimp, he might, just might let you off the hook with a really sincere apology.

    Of course, if he's going back to HQ with a black eye, broken nose or a ripped up uni, you're probably going to meet Bubba, your new BFF.
  9. ckuenzer331

    ckuenzer331 Member

    Amen!!! I've let quite a few go without charges since its just not worth the time and extra work...
  10. DarthCa1

    DarthCa1 New Member

    much appreciated