PC §101(B) - BATTERY ON A LEO
CLASS F FELONY
(a) Definition
Battery on a law enforcement officer is defined as the intentional and unlawful use of force or violence upon the person of a law enforcement officer while the officer is performing their official duties.
(b) Elements of the Offense
To prove battery on a law enforcement officer, the prosecution must establish the following elements beyond a reasonable doubt:
The defendant intentionally touched or made physical contact with a law enforcement officer.
The touching was harmful or offensive to the law enforcement officer.
The law enforcement officer was performing their official duties at the time of the offense.
The defendant's actions were unlawful and without legal justification or excuse.
(c) Defenses
Defenses to a charge of battery on a law enforcement officer may include, but are not limited to:
Self-defense: The defendant reasonably believed they were in imminent danger of bodily harm and used force to defend themselves against the officer.
Lack of intent: The defendant did not intend to harm the law enforcement officer.
Mistake of fact: The defendant reasonably believed that their actions were justified.
(d) Aggravating Factors
Aggravating factors may increase the severity of the offense and the potential penalties, including but not limited to:
Prior convictions for battery on a law enforcement officer or other violent offenses.
Use of a deadly weapon or instrumentality in the commission of the battery.
Infliction of serious bodily injury on the law enforcement officer.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
120 SECONDS OF JAIL TIME.
BOND SET
$100,000.00
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