Elements of Assault on an Officer Charges in Greenwich
There are many classifications of assault in Greenwich, the most serious of which involves assaulting a police officer. Since the person is a police officer, there is an expectation in society that people will abide by their lawful command because they cannot fulfill their function if anybody is trying to constantly hurt a police officer or attack them.
Because of that, the legislature wants to discourage people from even trying to commit an assault on a police officer by taking what are already potentially severe consequences and making them more severe. This creates a deterrent effect so that it serves the purpose of keeping the law enforcement officer as safe as they can be.
To better understand the elements of the Greenwich assault charge you are facing, it is pertinent that you consult with an assault on an officer attorney as soon as possible. An experienced lawyer will be able to help dismiss or negotiate down any penalties you may be facing.
The main element of an assault on an officer charge is whether or not the officer was on duty. If an individual assaults a police officer when they are not on duty, it makes the charge regular assault. An officer that is simply in their capacity as a civilian that becomes involved in an assault case would not be involved in a charge of assault on an officer.
This would put the individual in the normal assault category, however, it is sometimes hard to completely separate the idea that somebody is a police officer. This creates more of a sensitive situation in that it makes it more personal for a prosecutor because they are more likely to know the police officer and know the way that the assault might affect them.
Because of this, sometimes this sort of assault will be viewed as an attack that creates a disruption in the orderly affairs of society. That said, assuming the officer is clearly not on duty and just acting as a civilian, it should not have an effect that is insurmountable. Although, it creates a more difficult scenario than there otherwise would be.
Elements To Prove
In an assault on an officer case, the prosecution will have to prove elements such as the intent, the action, and the result of the charge. The intent would be the intention to cause the harm or serious bodily harm and the action of doing something to accomplish that result. That result would be the actual bodily harm or serious bodily harm. The last thing that the prosecutors will have to prove is that it was actually the police officer in the performance of the police officer’s duties.
The types of evidence that are used are witness statement video, video and audio recordings that would show the assault, physical evidence to show the type of injury that the officer suffered, photographs, and medical documentation. This type of evidence can be gathered to help an attorney mount a solid case to help lessen any consequences associated with the charge. There are many elements to consider when defending an assault on an officer charge in Greenwich that a knowledgeable lawyer will be able to effectively employ.