PC §100(B) - ASSAULT ON A PEACE OFFICER

CLASS C MISDEMEANOR

DEFINITION

Assault on a peace officer typically involves the intentional or knowing infliction of physical harm or offensive contact upon a peace officer while they are performing their official duties.

Definition of Peace Officer

A peace officer is typically defined as a law enforcement officer, such as a police officer, sheriff's deputy, state trooper, or federal agent, who is authorized to enforce the law and maintain public order.

ELEMENTS OF THE OFFENSE

To prove assault on a peace officer, prosecutors typically need to establish the following elements:

• The defendant intentionally or knowingly inflicted physical harm or offensive contact upon a peace officer.

• The peace officer was engaged in the performance of their official duties at the time of the assault.

• The defendant's actions were not justified or excused by self-defense or other legal justification.

DEGREE(S) OF ASSAULT ON A PEACE OFFICER

Assault on a peace officer charges may be categorized into different degrees based on the severity of the offense and the resulting harm to the peace officer. For example:

• Simple Assault on a Peace Officer: Involves minor or moderate physical harm or offensive contact.

• Aggravated Assault on a Peace Officer: Involves more serious physical harm or offensive contact, the use of a weapon, or assault against a peace officer in certain circumstances (such as while they are engaged in the execution of their official duties).

DEFENSES

Defendants accused of assault on a peace officer may raise various defenses, including:

• Self-defense: Claiming that the defendant acted in reasonable self-defense to protect themselves from harm.

• Defense of others: Claiming that the defendant acted to protect another person from harm.

• Lack of intent: Arguing that the defendant did not intend to harm or offend the peace officer.

• Mistaken identity or alibi: Providing evidence that the defendant was not present at the scene of the alleged assault.

Penalties

Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:

JAIL TIME

60 SECONDS OF JAIL TIME.

BOND SET

$6,000.00