What is the penalty for assaulting a police officer? Assault is a serious crime in itself, according to Michigan law. However, assaulting a law enforcement officer is considered a highly serious charge that’s complex to fight in court. These crimes are charged far more harshly than a standard assault crime.
Facing assault charges? Unhappy with your current attorney? Request a free consultation now.
Michigan law
This charge, under MCL 750.81d, describes not only assault and battery, but also resisting, obstructing or opposing a “person performing duty.” Additionally, “obstruct” includes:
(7)(a) … the use or threatened use of physical interference or force or a knowing failure to comply with a lawful command.
For instance, if a police officer ordered you to roll down your window in a traffic stop and you ignored them, that would potentially be obstructing the officer. That act itself just took what could’ve been a simple mistake to a class C felony.
Penalties for assaulting an officer
So what is the penalty for assaulting a police officer? An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties is guilty of a felony punishable:
- Up to 2 years in prison, or a
- fine up to $2,000, or both.
Slight physical contact falls under this charge. Furthermore, it could mean shoving or even poking an officer. However, the penalties severely increase if injury is inflicted. If a person causes bodily injury requiring medical attention/care to an officer, that person is guilty of a felony punishable:
- Up to 4 years in prison, or a
- up to $5,000 fine, or both
If serious impairment of bodily function is caused, harsher penalties will be given. Your time in prison will increase to up to 15 years or you may be ordered to pay a fine up to $10,000, or both.
If an individual inflicts injuries causing death to the officer, the individual is guilty of a felony punishable:
- Up to 20 years in prison, or a
- fine up to $20,000, or both
Definition of an officer
Police officers are not the only ones who fall under a “person performing duty.” According to this statute, this includes the following:
- A conservation officer of the Department of Natural Resources (DNR) or the Department of Environmental Quality
- A sheriff or deputy sheriff
- A constable
- A Secret Service or Department of Justice agent
- A firefighter
- Any emergency medical service personnel
- An individual engaged in a search and rescue operation as that term is defined in section 50c
Common Examples
The most common altercation that results in assaulting an officer charge is when someone is pulled over for drunk driving or reckless driving and doesn’t “comply” with the officer’s commands.
It gets tricky to defend this charge when there is bodily injury or emergency responder testimony. Regardless, the dash cam and body cam video is extremely important in preparing a solid strategy to fight this offense. This is why you need a skilled assault lawyer who understands the evidence and isn’t afraid to ask the hard questions.
Contact an assault attorney today
Since this offense is highly complex, it is vital to hire an experienced criminal defense attorney as soon as possible. A skilled lawyer will not advise you to plead guilty on the get-go. Rather, they will help navigate the court process and prepare a foolproof defense to fight this charge.
Facing assault charges? Unhappy with your current attorney? Request a free consultation now.