Prince George’s County Assault on an Officer Lawyer
Assault on an officer is when a person assaults someone who is acting in a physical capacity as a police officer. An off-duty cop is not given that status, but other professions such as emergency responders, firefighters, and paramedics are also protected by this law. When a person is being arrested and is resisting the arrest, such as pushing the officer back or even pushing their hand away, that is an assault on a police officer.
If you were charged with assault on an officer, you should know that this is a felony that carries up to 10 years’ incarceration and up to a $5,000 fine. You risk your freedom by fighting this case alone. Thankfully, a Prince George’s County assault on an officer lawyer could help with your defense. A seasoned defense attorney understands what is at stake and could try to shield you from the worst penalties. Call today to schedule a case review.
Prosecutors Take Assault on an Officer Seriously
Assault on an officer is often taken more seriously than other assault charges. Judges do not like seeing those charges because police officers put themselves in harm’s way every day to protect the public. For someone to not only disrespect their authority but to exert violence against those individuals compromises the entire integrity of law enforcement, and it cannot be tolerated.
This changes the way these cases are prosecuted and defended in PG County court because prosecutors and police work very close together, hand in hand. Prosecutors often times feel the need to protect officers.Prince George’s County assault on an officer lawyers, therefore, need to be a little more aggressive towards cases where the officers are the victims because there is the added pressure and incentive to proceed and work vigorously.
Officers Outside the Scope of Their Position
This type of case changes if the assault was committed on an officer outside of the scope of their position. The person has to be identified or has to be recognizable as an officer, and there is an intent element. For example, if somebody is doing a drug deal and then someone jumps out in plain clothes and pins them on the ground, they may fight back without realizing that there is an undercover officer arresting them. That is not assault on a police officer because the officer is not clearly identified.
Elements the Prosecution Needs to Prove
Prosecutors have to prove that there is a harmful or offensive, unconsented contact. The alleged victim must have been a police officer acting in the scope of their duties, and the injury or harm suffered must be more than just superficial. To prove that, they would call the officer to testify. Prosecutors would also introduce body camera footage and medical records of the injuries, and they would present it to a judge or a jury.
Body Cameras
Police body cameras are significant because there is no better evidence of what happened than video evidence. An officer can testify to what they believe truthfully happened, but human memory is faulty by its very nature. No one can dispute what happened if it is caught on camera. The footage will show whether it truly is an assault, resisting arrest, or maybe something else entirely. Body cameras could be helpful or hurtful to the accused, depending on the nature of what is captured.
Defenses and Mitigating Factors
There are various defense strategies aPrince George’s County assault on an officer lawyer could use depending on the facts of a case. Maybe the accused person did not realize the person was a police officer. Even if they did, maybe the officer was not injured and it was more of a resisting arrest than an assault. They could also try to prove self-defense, or that they were trying to tackle somebody else and the officers got in the way. There are all kinds of arguments that could be presented, depending upon the specific nature underlying each instance.
Assault on an Officer Investigations
Before arresting a person for assault, law enforcement will conduct an investigation for as long as it takes to get the evidence they need. If law enforcement witnessed an assault, they could arrest and charge someone on the spot. Other times, if there is delayed reporting or questions about the instigator of an altercation, they may need to talk to more witnesses and pull surveillance footage. Generally speaking, these investigations are not dragged out for months, but it can take hours, days, or even weeks to get the full version of story of what happened.
Process of an Assault Case
Following the charging arrest for assault or once the process has been finished, a court day will be set in the district court. At that point in time, a person will have to be present. They can go to trial and contest the charges or try to work out a resolution. Prosecutors are not permitted to speak to defendants about their cases, so negotiating a resolution would require an attorney.
A person could request a jury trial, send the case to a higher-level court, postpone a case for further investigation, or assert some kind of alternative resolution if there is one. There are a lot of possibilities, but the process itself can take a few months at a minimum, and even more if they go to circuit court.
Contacting a Prince George’s County Assault on an Officer Attorney
If you are convicted of assaulting a police officer, you could spend years in prison. Retaining an experienced Prince George’s County assault on an officer lawyer could be the best way to preserve your freedom. Reach out to a criminal defense attorney today to make sure your rights are protected.