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I’m being arrested for assaulting an officer, but I was pushed

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We can’t turn on the television or open up a news source online and not hear about how police officers are taking advantage of their power and causing an uproar within local communities. While police officers are there to serve and protect those within their community, sometimes they take it too far and cause injury or malcontent with their actions. If a citizen responds physically to what they view as assault by a police officer, they are immediately deemed a threat to society and are arrested and charged. How can you know what your rights are?

Criminal Distinction

Many times the terms assault and battery are viewed as one occurrence oftentimes because they happen at the same time. While assault is threatening to cause injury or attempting to cause injury to someone, battery is actually causing physical injury. In the case of these crimes being committed against a police officer, they are generally considered much more serious crimes. Many states have very specific, much harsher penalties when crimes are committed against police officers.

Finding Defense

It may seem like you are up against a losing battle, but there are certain things that must be proven before you can be convicted of assault on a police officer. The prosecutor will need to show that you threatened or attempted to cause injury to a law enforcement officer while that officer was performing official duties and you knew or had reason to know that you were making the threats against an officer of the law. Without all those specifics in place, it will be difficult to convict of this type of crime.

Unique Circumstances

Because the police officer had shown physical violence by pushing you, it causes a reactive response of defending oneself. While it does not excuse the behavior of you or the officer, there are certain ways you are required to respond when approached by an officer.

  • Stop when you are told to
  • Do not resist arrest, even if you know the arrest is illegal
  • Comply to the officers orders
  • Keep your hands visible
  • Do not make any sudden movements

Resisting arrest allows the officer to use force against you. It is always better to have an attorney get you out of an illegal arrest, instead of fighting with the police officer in the moment and causing more legal hassle.

Serious Crime Demands Serious Help

Being charged with assault of a police officer is a very serious crime. You will need to contact a criminal defense attorneyas soon as possible. They can help you discover the specifics of the situation and learn what your rights are if the police officer pushed you and caused your reaction of assault.

Hall, Ricketts, Schuller & Gurbacki, P.C.

You need an experienced criminal defense attorney that can help you get the best outcome possible for your case. Choosethe skilled and experienced attorney of Hall, Ricketts, Schuller & Gurbacki, P.C. today.

Published
January 23, 2016
Small town service. Big city results.
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Contact The Law Offices of Hall, Ricketts, Schuller & Gurbacki, P.C. online or call 716-652-0828 for experienced, ethical, understanding and responsive assistance with all your legal needs in the greater Buffalo, NY area.
Office:
471 Main Street
East Aurora, NY 14052
Telephone: 716-652-0828
Fax: 716-652-2058
Monday-Friday 9-5pm

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