Assaulting an Officer
Like many crimes, assault can be divided into several degrees of severity. The most severe kind of assault, aggravated assault, typically involves assault with a weapon, although a weapon is not necessary for it to be considered aggravated. Aggravated assault is a felony. Lesser forms of assault are usually misdemeanor offenses. If the person assaulted is a police officer, however, the offense can become a felony.
The punishment for assault in California is typically up to one year in jail and a fine of up to $1000. In more serious cases, the fine can be as high as $10,000. The crime of battery, commonly mentioned in the phrase “assault and battery,” is very similar to assault but typically involves cases in which someone actually caused harm. In the United States, it is possible to be charged with assault even if you only made threats.
In order for someone to be convicted of assaulting an officer, it must be proven that the accused person knew the other person was a police officer and acted anyway. Assaulting someone who you did not know was a police officer is still illegal, but if it can be demonstrated that you did not know, it is possible to avoid the more serious charge of assaulting an officer.
A conviction of assaulting an officer can lead to steep fines, time behind bars, and perhaps worst of all, a felony conviction that will remain on your record forever. With the help of the experienced San Jose criminal lawyers of the Law Office of Daniel Jensen, P.C., you may be able to reduce or clear your charges and avoid a felony conviction. To discuss your case with a lawyer, contact us today at (408) 296-4100.