Colonial Heights Assault on an Officer Lawyer
An assault on an officer is a battery or an attempted battery on an individual who is a police officer, and the assaulter knew or had reason to know that the person being assaulted was a police officer. Assault on an officer is taken seriously as an offense because members of law enforcement are viewed as leaders of the community. As a result, these offenses are prosecuted severely and often require the aid of a skilled Colonial Heights assault on an officer lawyer. An accomplished assault attorney could work tirelessly to build a solid defense for you.
Defining Officer
When discussing who counts as a police officer, the definition includes police officers, sheriffs, deputies, state troopers, or SWAT team members. Basically, anyone with a badge of authority will be considered a member of law enforcement. However, under the statute, certain court personnel including judges and commonwealth attorneys are considered law enforcement personnel. Many people who work in hospitals and firefighters receive this same protection.
Examples of Assault on an Officer
The most common example of an assault on an officer is when someone attempts to either fight or shoot a police officer. These situations normally arise when someone is either trying to flee police, or they are throwing a temper tantrum.
During an arrest or attempted arrest, many individuals may attempt to flee. In their flight, they may technically assault a law enforcement officer by pushing them away or slapping their hand away, or they kind of grab or tussle away from them and make some kind of unwanted touching or contact with the officer.
The second type of situation, the temper tantrums, often occur when someone is drunk and has been out partying. A common situation is where an officer is trying to break up a fight, steps in, and catches a punch meant for another person.
People will also kind of start to flail and flop around and assault a law enforcement officer that way while being arrested. Assaults on law enforcement officers also occur commonly from spitting. Spitting on police officers can also lead to an assault on a law enforcement officer because that spit is an unwanted touching of the officer who the individual knew or had reason to know was, in fact, a police officer.
Impact of Body Cameras on Assault on an Officer Cases
Body cameras have been helpful in removing the element of many individuals having conflicting versions of events. Once the incident is on film, everyone can see specifically what happened. Because of body cameras, there are less instances of an officer or another person simply creating a version of their story with nothing to corroborate their version of events.
This has been very beneficial to both Colonial Heights assault on an officer lawyers and the Commonwealth attorney. It can be beneficial to the Commonwealth’s attorney because if somebody is, in fact, guilty of an assault, they can see it right there and use it. The defense counsel could also use it in reference to what the defendant says, they could use it to negotiate matters away, and use it in defense of the case. Body cameras can be instrumental in taking away doubt and leaving people with the facts.
How a Colonial Heights Assault on an Officer Attorney Can Help
The severity of assault on an officer consequences cannot be emphasized enough. Assault on a law enforcement officer is considered a Class 6 felony. It also has a mandatory minimum punishment that comes with it. There is a mandatory minimum sentence of six months that comes along with an assault on a police officer. That means the judge does not have a say in whether or not that sentence gets served, and they have no power to suspend the sentence. A Colonial Heights assault on an officer lawyer could be an invaluable asset in your case. An experienced legal advocate could devote the time and resources necessary to build a solid defense for you. Let a capable lawyer attempt to mitigate the penalties you face, and pursue a positive outcome for you.
