A recent article in a local newspaper stated that a person was booked for assault on a police officer. Is this different from assaulting anyone else? Are the penalties more severe?
IANAPO - But in the U.S. many states have different penalties for assaulting or killing police. I think this is because most often such an assault is done with the intent of preventing the officer from doing their job, so it is seen as being a precursor to other intended crimes. In most states it also only counts if the officer is in uniform or otherwise identifiable.
At least here in my part of Colorado, it is most definitely a more severe crime than simple assault. Here it is considered a felony and carries with it required jail time. However, usually I find that the DA will let the defendent plead guilty to the lesser assault charge, because that way the defendent can get away with probation, a fine and time served and not take up court time with a trial on the assault of an officer charge.
In New York State, murder is punishable by execution only if there is one or more aggravating circumstances. The victim being a police officer qualifies.
–Cliffy
This is anectdotel (sp?) but my cousin got charged with assaulting a police officer-when he assaulted and scared away a police dog (the cop said he had never seen anything like it). Also I believe he is up on federal charges, as opposed to regular ones.
In Virginia, one of the cirucmstances in which capital murder may be charged is for the willful, deliberate, and premeditated killing of a law-enforcement officer.
If any person maliciously causes bodily injury to a law enforcement officer, they have committed an unclassed felony, punishable by a five to thirty year prison term, with at least two years mandatory incarceration.
If any person unlawfully, but not maliciously, causes bodily injury to a law enforcement officer, they are guilty of a Class 6 felony, punishable by one to five years in prison, up to 12 months in jail, and including a mandatory one year incarceration.
In all cases, the action must be taken for the purpose of interfering with the performance of the officer’s official duties, and the person must obviously know that the victim is a law enforcement officer.
In contrast, murder under “ordinary” circumstances is punishable as a Class 2 felony: 20 years to life. Malicious bodily injury to an ordinary person is a Class 3 felony, five to twenty years with no mandatory time. Reckless, but not malicious bodily injury is a Class 6 felony with no mandatory time.
- Rick