Proving Assault on an Officer in Richmond
When an individual has an altercation with law enforcement, the prosecution’s first move is typically to try and prove that an assault on an officer in Richmond occurred. It can be difficult for the defendant because police officers are generally trusted and respected. It is likely that despite the potential circumstances surrounding the incident, the testimony of law enforcement will be held in higher regard and taken more seriously which is why it is important to seek the counsel of a determined assault on an officer lawyer who will fight for your voice to be heard.
Proving Assault on an Officer
When a person is dealing with an assault on a law enforcement officer, they have to prove that the accused put the officer in a reasonable apprehension of physical contact or they touched the officer and that the touching was unwanted and done with intent to do the officer harm. Also, they have to prove that the officer was an officer, that the individual knew or had reason to know the person was an officer, and that officer was in the process of conducting their duties.
To prove this other than the standard assault evidence or testimony from the officer or other individuals around of what the actual act was, they will use physical evidence such as pictures, video, hospital records if the officer was severely injured, or pictures that show the officer was hurt, harmed, had spit on their lapel, or whatever the case may be. The main thing they are going to use is testimony evidence from the officer.
Proving the Officer Identified Themselves
The prosecutor is also going to have to provide evidence that the officer was known to the person to be an officer if proving assault on an officer in Richmond. While there is going to be testimonial evidence, they are going to look for information about what the officer was wearing, for instance, were they wearing a uniform, displaying a badge of authority, doing patrol in their car, or conducting an arrest and then to show that the officer was lawfully engaged in duties.
They have to show evidence in some way, shape, or form that the officer was being an officer, like working on patrol, engaging in duties, or executing the search or arrest warrant, engaged in their duties. Generally, an officer wearing their uniform and displaying a badge of authority, for the most part, is going to be considered operating or conducting their duties if they’re doing anything that is not illegal.
An example would be an officer in uniform, displaying a badge of authority, but stopping people and talking to them. Once an officer is in uniform and displaying a badge of authority, normally anything they do would be considered conducting their public duties unless they are doing something that contradicts their responsibilities to the public. In that case, the person must show they were doing something that was not their public duty.
Use and Impact of Police Body Cameras
In recent years, police body cameras have been a lot more prevalent. Body cameras along with cell phones or phone camera footage from others erase all doubt when prosecutors or defense attorneys are preparing for a case and proving assault on an officer in Richmond.
Prior to the use of lapel cameras in the city of Richmond, a lot of times when dealing with assault cases, only two people knew what happened with the assault: the person assaulted and the person alleged to have done the assaulting. Normally, those people have two very different stories about how everything transpired. What is left to the trier of fact or the finder of fact is to determine which parties were right, which parties were wrong, which parties lied, and which ones told the truth, and so on.
These acts on body cams and lapel cams provide a clearer picture of everything that took place. When somebody says they do not believe that the officer was carrying out their duties as they were supposed to, as opposed to trying to build a person’s case with a defense attorney, they can see exactly what happened.
That helps in preparing a person’s case, because they know what the arguments are going to be, how to shape their case around the evidence, what the negotiations are with the Commonwealth, and realistic expectations of what was going down and what will go down as far as trial, bench trial, jury trial, sentencing, and et cetera. They will be able to explain to them by laying out all of the video evidence and providing potential interpretations of all of the information which will help build the case.
Value of a Lawyer
When proving assault on an officer in Richmond occurred, the prosecution will be very pointed in their approach because assaulting an officer is a serious offense. Not only does an individual have to live with the increased scrutiny from law enforcement, and potential difficulties finding employment, but they might also face felony charges as a result of this offense. The guidance of a tenacious assault attorney can be invaluable when facing these charges. Contact a determined attorney who will do what they can to defend you.
