If a person ends up getting into a scrap with a police officer then they can get into some seriously hot water with the law. Police officers hold a lot of authority and they are protected by the law in many ways. If a person ends up hitting a police officer then they can be charged for battery on a police officer. The penalty is generally up to 5 years in jail and $5000 in fines.
However, in order to be penalized in this way the following requirements have to be fulfilled:
- The person must have attacked the officer while the officer was on duty
- The person must have known that the person they were attacking was an officer
- The person must have attacked the officer intentionally
If the above points apply to a person’s case then a person can most definitely be forced to face charges in court. If a person attacks a police officer very severely then they can be charged for aggravated battery on a police officer and the penalty for this is a lot more severe. If a person has the misfortune of being convicted with aggravated battery on a police officer they will be sentenced to a minimum of 5 years up to a maximum of 30 years in prison.
However, if a person teams up with a police brutality attorney in Chula Vista, California, then they have far greater chances of having their charges removed or decreased at the very least.
What categories of officers are protected by the law?
Almost every type of police officer comes under this law. Normal police officers, correctional officers, traffic officers, federal law officers, auxiliary officers and even firefighters and emergency medical care professionals are all protected by the law. If a person hits any of the above officers intentionally and knowingly, while they were on duty, then they can be charged for battery on an officer and they will have to pay the respective fines depending on how severely they attacked them.
How can I defend against battery on a police officer?
If a person hit a police officer then there are still a few cases in which they can be forgiven for their actions. First of all, if the individual was acting out in self defense then they may be forgiven. If a police officer was using excessive force against a person then the victim is allowed to fight back in self defense.
When a police officer is arresting a person the best thing to do is to silently comply. However, if the police officer is being needlessly violent then a person is definitely allowed to try and protect themselves. Also, if a person hit the officer by accident, or if a person hit an officer while the officer was not on legal duty then they can also get away without being severely penalized. In order to prove these statements, a person needs a lot of evidence and the right lawyer can help one gather everything they need to present a strong case while in court.