Fairfield Assault on an Officer Lawyer

An assault on an officer is any kind of physical injury to either a police officer, civil servant, or peace officer. It is still the same assault, but it does not need to be as serious an injury. It can be described as assault in the third degree, which is unwanted touching. For example, if an officer tries to break up a fight and gets pushed, that is considered assault because it is unwanted touching, but no injury was really caused. Cases can be complicated, so it is important for those accused of assault on an officer to contact a skilled assault attorney right away. A Fairfield assault on an officer lawyer is going to be essential for someone facing charges, as they can begin building a defense early on.

What Are the Case Classifications for Assault on an Officer?

The defendant needs to know that they are assaulting a police officer or a peace officer. Off-duty police officers breaking up a fight and being assaulted in the process results in individuals being charged with assaulting a police officer when they did not know they were a police officer. Those described as protected individuals in these cases would include medical personnel. Whether or not a judge is included is uncertain, though anyone who is in a position to keep the peace could be included. This includes EMTs and firefighters. An example would be if medical personnel arrive when an officer gets involved to stop a fight or to break up an assault, and they are in turn assaulted. The State will try to teach an individual a lesson and charge them with the highest degree that they can. That defendant would need an experienced Fairfield attorney to prove they did not have the requisite intent of assaulting a police officer, and hopefully, they can get the charge dropped.

Consequences of Prosecution

The prosecutor tends to take these cases more seriously than typical assault cases. When a police officer testifies, they have a lot of credibility in court. Whatever they say is often taken as the truth. The prosecutors tend to be more aggressive with these charges because they are trying to do right by the police officer, and what the officer is reporting is usually very strong evidence. In Fairfield, an assault on an officer violation is classified as a Class C Felony, and such a case would benefit from the assistance of a lawyer. If the person is convicted or pleads guilty, which comes with up to 10 years in jail, a fine of up to $10,000, and a period of probation.

Potential Defenses for Assault

Self-defense in officer assault cases can be shown through the body cameras. These are sometimes an awkward defense, but if an individual is in a fight, trying to defend themselves against another person, and the police officer gets involved, the individual was only involved in the fight because they were defending themselves and not the initial aggressor. If the individual did not have the intent to assault the police officer, their defense could be that they were trying to remove themselves from the situation.

Police body cameras tend to be very strong evidence, either in favor of the defense or the prosecution. If the police body camera shows the defendant backing away, trying to get out of the situation, it would be good evidence for the defense that this person did not intend to assault anyone. Sometimes, the body camera will show that it was self-defense. Other times, the police camera can show that the person did attack a police officer, and that would be good for the prosecution. When investigating a case and utilizing evidence, an attorney in Fairfield is essential to fighting your officer assault charges.

Get in Touch With a Fairfield Lawyer About Assault on an Officer Charges

Assaulting a police officer or peace officer is a serious offense that should not be taken lightly, but it also does not mean you do not have a right to defend yourself. If you are facing charges for harming an officer, you should seek help from a Fairfield assault on an officer lawyer as soon as possible. They could stand by your side and defend your case for a fair outcome. Reach out to The Law Offices of Mark Sherman, LLC, today for a consultation to discuss your case and take the next steps.