# Are charges of Assault on a Police officer more sever than Assault?
**URL:** https://boards.straightdope.com/t/are-charges-of-assault-on-a-police-officer-more-sever-than-assault/431377
**Category:** Factual Questions
**Created:** [December 27, 2007, 2:46pm UTC](https://boards.straightdope.com/t/are-charges-of-assault-on-a-police-officer-more-sever-than-assault/431377 "2007-12-27T14:46:37Z")
**Posts on this page:** 12
**Page:** 1
### Author:  [@Khadaji](https://boards.straightdope.com/u/Khadaji)
#### Post date: [December 27, 2007, 2:46pm UTC](https://boards.straightdope.com/t/are-charges-of-assault-on-a-police-officer-more-sever-than-assault/431377/1 "2007-12-27T14:46:37Z")
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.
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### Author:  [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)
#### Post date: [December 27, 2007, 3:27pm UTC](https://boards.straightdope.com/t/are-charges-of-assault-on-a-police-officer-more-sever-than-assault/431377/2 "2007-12-27T15:27:48Z")
In Virginia it is:
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> A. Any person who commits a simple assault or assault and battery shall be guilty of a Class 1 misdemeanor, and if the person intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, color or national origin, the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.
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> B. However, if a person intentionally selects the person against whom an assault and battery resulting in bodily injury is committed because of his race, religious conviction, color or national origin, the person shall be guilty of a Class 6 felony, and the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.
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> C. In addition, if any person commits an assault or an assault and battery against another knowing or having reason to know that such other person is a judge, a law-enforcement officer as defined hereinafter, a correctional officer as defined in § 53.1-1, a person employed by the Department of Corrections directly involved in the care, treatment or supervision of inmates in the custody of the Department, a firefighter as defined in § 65.2-102, or a volunteer firefighter or lifesaving or rescue squad member who is a member of a bona fide volunteer fire department or volunteer rescue or emergency medical squad regardless of whether a resolution has been adopted by the governing body of a political subdivision recognizing such firefighters or members as employees, engaged in the performance of his public duties, such person is guilty of a Class 6 felony, and, upon conviction, the sentence of such person shall include a mandatory minimum term of confinement of six months.
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> Nothing in this subsection shall be construed to affect the right of any person charged with a violation of this section from asserting and presenting evidence in support of any defenses to the charge that may be available under common law.
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> D. In addition, if any person commits a battery against another knowing or having reason to know that such other person is a full-time or part-time teacher, principal, assistant principal, or guidance counselor of any public or private elementary or secondary school and is engaged in the performance of his duties as such, he shall be guilty of a Class 1 misdemeanor and the sentence of such person upon conviction shall include a sentence of 15 days in jail, two days of which shall be a mandatory minimum term of confinement. However, if the offense is committed by use of a firearm or other weapon prohibited on school property pursuant to § 18.2-308.1, the person shall serve a mandatory minimum sentence of confinement of six months.
Pennsylvania too, for that matter:
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> .–A person is guilty of assault if he:
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> attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another;
> negligently causes bodily injury to another with a deadly weapon; or
> attempts by physical menace to put another in fear of imminent serious bodily injury.
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> (b) Grading.–Simple assault is a misdemeanor of the second degree…
and
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> a) Offense defined.–A person is guilty of aggravated assault if he:
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> attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life;
> attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c) or to an employee of an agency, company or other entity engaged in public transportation, while in the performance of duty;
> attempts to cause or intentionally or knowingly causes bodily injury to a any of the officers, agents, employees or other persons enumerated in subsection (c), in the performance of duty;
> attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon; or
> attempts to cause or intentionally or knowingly causes bodily injury to a teaching staff member, school board member, or other employee, including a student employee, of any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school while acting in the scope of his or her employment or because of his or her employment relationship to the school.
> attempts by physical menace to put any of the officers, agents, employees or other persons enumerated in subsection (c), while in the performance of duty, in fear of imminent serious bodily injury
Subsection c of the code includes police.
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### Author:  [@Bricker](https://boards.straightdope.com/u/Bricker)
#### Post date: [December 27, 2007, 3:30pm UTC](https://boards.straightdope.com/t/are-charges-of-assault-on-a-police-officer-more-sever-than-assault/431377/3 "2007-12-27T15:30:59Z")
I suspect it almost always is.
In Virginia, to pick an example I am familiar with, Code § 18.2-51.1 provides in pertinent part:
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> If any person unlawfully, but not maliciously, with the intent aforesaid, causes bodily injury to another by any means, knowing or having reason to know such other person is a law-enforcement officer, firefighter, as defined in § 65.2-102, search and rescue personnel, or emergency medical services personnel, engaged in the performance of his public duties as a law-enforcement officer, firefighter, search and rescue personnel, or emergency medical services personnel, he shall be guilty of a Class 6 felony, and upon conviction, the sentence of such person shall include a mandatory minimum term of imprisonment of one year.
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.
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### Author:  [@CateAyo](https://boards.straightdope.com/u/CateAyo)
#### Post date: [December 27, 2007, 3:34pm UTC](https://boards.straightdope.com/t/are-charges-of-assault-on-a-police-officer-more-sever-than-assault/431377/4 "2007-12-27T15:34:39Z")
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.
I hope this helps.
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### Author:  [@UltraVires](https://boards.straightdope.com/u/UltraVires)
#### Post date: [December 27, 2007, 3:36pm UTC](https://boards.straightdope.com/t/are-charges-of-assault-on-a-police-officer-more-sever-than-assault/431377/5 "2007-12-27T15:36:59Z")
[QUOTE=Khadaji]
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.
[/QUOTE]
Yes, an assault on a police officer is a far more serious crime than an assault on a regular person. Since this is GQ, I will stop there.
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### Author:  [@pravnik](https://boards.straightdope.com/u/pravnik)
#### Post date: [December 27, 2007, 3:38pm UTC](https://boards.straightdope.com/t/are-charges-of-assault-on-a-police-officer-more-sever-than-assault/431377/6 "2007-12-27T15:38:01Z")
Same in Texas.
- Assault is a class A misdemeanor, while assault on a public servant (including peace officers) is a third degree felony.
- Aggravated assault is a second degree misdemeanor, aggravated assault on a public servant a first degree felony.
- Murder is a first degree felony, murder of a peace officer is a capital crime punishable by death.
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### Author:  [@Max\_Torque](https://boards.straightdope.com/u/Max_Torque)
#### Post date: [December 27, 2007, 3:48pm UTC](https://boards.straightdope.com/t/are-charges-of-assault-on-a-police-officer-more-sever-than-assault/431377/7 "2007-12-27T15:48:27Z")
[QUOTE=pravnik]
- Aggravated assault is a second degree misdemeanor, aggravated assault on a public servant a first degree felony.
[/QUOTE]
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.
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### Author:  [@pravnik](https://boards.straightdope.com/u/pravnik)
#### Post date: [December 27, 2007, 4:03pm UTC](https://boards.straightdope.com/t/are-charges-of-assault-on-a-police-officer-more-sever-than-assault/431377/8 "2007-12-27T16:03:59Z")
[QUOTE=Max Torque]
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.
[/QUOTE]
Whoops, yeah. Thanks for catching that. No such thing as a “second degree misdemeanor” in Texas!
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### Author:  [@Red\_Barchetta](https://boards.straightdope.com/u/Red_Barchetta)
#### Post date: [December 28, 2007, 7:40am UTC](https://boards.straightdope.com/t/are-charges-of-assault-on-a-police-officer-more-sever-than-assault/431377/9 "2007-12-28T07:40:06Z")
So why is it less bad to punch someone who’s not a law enforcement officer?
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### Author:  [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)
#### Post date: [December 28, 2007, 8:51am UTC](https://boards.straightdope.com/t/are-charges-of-assault-on-a-police-officer-more-sever-than-assault/431377/10 "2007-12-28T08:51:06Z")
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.
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### Author:  [@Frylock](https://boards.straightdope.com/u/Frylock)
#### Post date: [December 28, 2007, 4:28pm UTC](https://boards.straightdope.com/t/are-charges-of-assault-on-a-police-officer-more-sever-than-assault/431377/11 "2007-12-28T16:28:38Z")
I’ve wondered about a related issue:
What if the cop is undercover?
What if the cop is off duty and you don’t know s/he’s a cop?
-FrL-
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### Author:  [@Max\_Torque](https://boards.straightdope.com/u/Max_Torque)
#### Post date: [December 28, 2007, 5:58pm UTC](https://boards.straightdope.com/t/are-charges-of-assault-on-a-police-officer-more-sever-than-assault/431377/12 "2007-12-28T17:58:09Z")
[QUOTE=Frylock]
I’ve wondered about a related issue:
What if the cop is undercover?
What if the cop is off duty and you don’t know s/he’s a cop?
-FrL-
[/QUOTE]
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.