Darien Assault on an Officer Lawyer
Assault on an officer offenses in Darien occurs any time someone intentionally causes physical injury to a police officer, peace officer, EMT, or firefighter. This causes the charge to rise to second-degree assault. The most common example is that an officer is trying to break up a bar fight, or just any fight in general, and the officer is hit or pushed.
Sometimes someone being taken in by EMT personnel accidentally pushes the EMT which could be later considered an assault on a police officer. If you find yourself accused of such an attack, contact a skilled assault on an officer attorney right away. This type of assault most commonly occurs during an arrest, or when an officer is trying to break up a fight and those involved begin shoving or pushing officers.
These charges are taken much more seriously than simple assault and should be defended accordingly. Therefore, if you are facing such a charge, it is imperative that you contact a Darien assault on an officer lawyer as soon as possible. An experienced attorney will be able to put together an effective defense to help lessen or dismiss any penalties associated with your charge.
Who Qualifies As An “Officer”
The prohibition on assaulting an officer actually includes firefighters, EMS, or EMT personnel, DCF (Department of Children and Family) employees, investigators, social workers, and probation officers. Assaulting an officer could even include another common scenario, such as an EMT and police officer trying to help someone under the influence of alcohol or another drug who is resisting and fighting back, and one of the officers is injured in the process.
However, it is important to note that this charge can only be brought when the individual in question was able to reasonably decipher that the individual was a law enforcement officer. The charge should only apply when the individual is acting in their capacity as an officer.
That fact can usually be a helpful mitigation for the defendant. It will make a difference if the individual did not realize that the person was a law enforcement officer. A defense attorney might be able to use that to try to help mitigate the charge. A seasoned Darien assault on an officer lawyer can help someone investigate all aspects of the claim and determine the best defense strategy to use to help reduce the charge at hand.
Severity of the Charge
The court, Darien assault on an officer lawyers, and the defendants take these charges seriously. Assault on an officer is more serious than simple assault. It is a Class C felony charge, and the reason it is more serious is to protect people in law enforcement. The penalties are enhanced from simple assault, as someone convicted of this charge could face years in jail, a fine, and a period of probation as well.
The actual injury required, and the intent required for the charge to be brought technically remain the same, the only difference is that the person being assaulted is an officer. However, courts are liberal when they interpret this statute, and the list of potential injuries is very broad.
Prosecutors would most likely argue that they try to remain fair, but at the end of the day, the prosecutors are also law enforcement officers just like the police officers. They do take these cases more seriously and sometimes give more credence to the alleged victim.
Treatment of Those Accused of Hitting an Officer
Assault on an officer offenses in Darien is considered a Class D felony. The associated penalty is up to ten years in jail, a fine of up to $10,000, probation, and then a permanent felony conviction on a person’s record if the individual pleads guilty.
The courts may work closely with the police officers especially the state’s attorneys because they usually investigate cases together, they get testimony from the police officers especially in Stamford where the Darien cases are heard, the police station right next door to the court, so the police come in and testify all the time; they are held with a lot of respect in court. It is treated very seriously.
Burden of Proof
To prove the charge, the prosecution needs to be able to prove that the person intended to assault the police or other peace officer and to show that the police officer suffered from some form of physical injury. The most common way for them to do that is to get a statement from any of the officers involved and usually to have a medical record to show there was an injury. For the charge to be escalated to a felony the offense must have caused a serious physical injury with a deadly weapon.
If someone has actually committed an assault on a police officer, video footage would be substantial evidence in the prosecutor’s favor that would help them prove their case or obtain a plea bargain. However, if the officer was being unfairly rough with the person or was trying to grab someone who did not do anything wrong and the person resisted, this could be an opportunity for the defense attorneys to offer evidence there were mitigating factors or even innocence in some cases. An experienced Darien assault on an officer lawyer can assess the case to bring forward the best defense possible.
Mitigating Factors
The most common mitigating factor in these cases is not realizing that the person was a law enforcement officer –especially if the officer did not clearly identify themselves. Additionally, the defense attorney will inquire as to whether their client was under the influence of a substance that would alter their judgment and make them unable to actually form the intent to assault the officer. The defense attorney would also inquire as to whether their client was suffering from mental health issues that would have impacted their behavior.
Working with an Attorney
Assault on an officer offenses in Darien are really serious charges. It is taken very seriously in the court and it is usually punished to the fullest extent possible. It is important to have an attorney trying to explain a person’s side of the situation. Anyone charged with this offense is innocent until proven guilty. It is important for a a Darien assault on an officer lawyer to be present to speak on behalf of the accused.