Howard County Assault on an Officer Charges
Howard County views an assault on an officer the same way that it views a second-degree assault in that it is harmful or offensive, unconsented contact, or putting someone in fear of that contact. These charges are very serious and typically elevated because the assault took place on an officer. Due to this fact, any individual that attains charges of this magnitude should contact an experienced assault lawyer immediately. The sooner someone involves a Howard County assault on an officer lawyer in their case, the sooner that lawyer can use his knowledge and legal background to build a strong defense to present in court.
Severity of APO Charges
Cases of assault on an officer are taken very serious in Howard County, and they are seen by judges almost every day. Prosecutors have personal relationships with officers due to their line of work and they will typically develop friendships because of that.
Prosecutors and judges can’t stand disrespect to officers, and when these cases are presented in court, both the prosecutor and the judge will view the case with the utmost matter of respect. Officers of the law are individuals who put their lives in danger every day, so when they are hurt, the legal system makes sure that they are protected.
Definition of an “Officer”
Officers of the law are not just police officers; any police officer, paramedic, firefighter, or emergency personnel will fall under the “officer of the law” umbrella. Anyone that responds to the scene of a crime and is assaulted in the process of performing the duties entailed within their specific job will be heavily protected by the legal system. Officers of a certain personnel have a responsibility to the public at large and any case of assault that they are involved in will be taken seriously to prevent individuals from harming them in the future.
Penalties
Penalties for assaulting an officer include:
- 10 years’ incarceration
- Up to $5,000 in contrast to the $2,500 fine accrued from a second-degree assault
Due to the severity of these penalties and other potential long term consequences that can result from a conviction, it is imperative to seek the counsel of a Howard County assault on an officer attorney as soon as possible.
What A Prosecutor Must Prove
A prosecutor will do everything in their power to have the individual who assaulted an officer convicted. To do this, they will use certain tactics and include certain pieces of evidence to strengthen their case, including:
- Videos
- Photographs
- Medical records
Credibility of Officer Testimony
Unlike an average citizen, an officer generally has a standing credibility with the court. With this in mind, the court usually deems what they say as truthful or credible whereas they wouldn’t necessarily give the same level of respect and deference to a regular citizen. This is another reason that consulting with a Howard County assault on an officer lawyer is so imperative.
Police Body Cameras Impact
A police body camera could be profoundly helpful to both sides. There are times when a person says, “I was just trying to pull away; I wasn’t fighting them,” and they could be charged with assault. Now, resisting arrest is a small charge compared to assault to a police officer. If an officer’s feeling that maybe the person didn’t respect them it or they didn’t get the deference they were due, they may sometimes embellish a little bit on the charges of the incident to lead to an assault on a police officer instead of just resisting. Body cameras would avoid any issue with that because they would capture exactly what happened.
Mitigating Factors
If it was an unlawful arrest, an individual can refuse or resist even if he or she makes contact with an officer. If an individual was in a car accident and was medicating and was trying to fight off people around him or her, because of the medications taken, the individual can’t control what they’re actions and are not at fault. Therefore, that can be considered a fact of error. There can be also things that help in mitigation like treatment programs, an apology letter- all those things could be helpful in refuting the charge.
Benefits of an Assault on An Officer Attorney
It is crucial that someone who is facing assault on an officer charges gets in contact with a knowledgeable Howard County assault on an officer attorney immediately. Doing so will be the best chance they have of navigating the arduous legal system and defending themselves in court. A lawyer will do everything in their power to protect their client, and that includes acting as their representative in court and negotiating on their behalf.