Every once in a while I will see an article in the news that states that a person was charged with Assault on a police officer. I always wonder if that is different or more severe than Assault.
In Virginia, to pick an example I am familiar with, Code § 18.2-51.1 provides in pertinent part:
Note that a Class 6 felony in Virginia ordinarily carries a sentence of one to five years, or (at the discretion of the sentencing authority) confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both. So this crime is a felony conviction with a mandatory one-year minimum sentence.
In contrast, § 18.2-57 defines an ordinary assault and battery as a Class 1 misdemeanor, for which the penalty is at most a year in jail and a fine of $2,500.
Even and assault and battery with no bodily injury against a police officer is treated more severely: a Class 6 felony with a mandatory minimum sentence six months.
In many, if not all, states in the United States, Assault of a Law Enforcement Officer, is a felony. If the same act were committed against a victim not of that category, the assault would be a misdemeanor. The same is true of Battery on a Law Enforcement Officer. A simple battery (misdemeanor) becomes a felony if the victim is a law officer.
Other stipulations include that the victim may be of a broader category that just “police”. For instance, she may be a correctional officer. This varies with state. What does not generally vary with state is that the victim must be operating in his official capacity, and the perpetrator must know that the victim is of the category, i.e., a cop. This last is known as scienter, a necessary and requisite knowledge on the part of the perpetrator.
States generally justify the distinction as being necessary to provide for, or enhancing, the protection of law enforcement officer.
My esteemed colleague, pravnik, was typing a bit fast here. He meant, “Aggravated assault is a second degree felony.” Misdemeanors in Texas are Class A, B, or C.
Section 270 of the Canadian Criminal Code specifically describes assaults on peace officers, though the penalty isn’t different than conventional assault.
It certainly should be more severe, but that’s GD territory.
In Texas, at least, this is covered in the statute: the offense only gets a more severe punishment if the defendant assaults a person he “knows is a public servant while the public servant is lawfully discharging an official duty.” Texas Penal Code section 22.01(b)(1). It’s presumed that the defendant knew that the person was a public servant if that person is wearing a conspicuous badge or uniform. Otherwise, it’s a simple assault.