One of the most serious criminal charges you can be accused of committing in Indiana is assaulting a police officer. There is no way to reduce these charges to a less serious misdemeanor, as assaulting a police officer is almost always tried as a violent felony. If convicted, you could spend the rest of your life in prison, depending on the circumstances of your case.
Presenting a powerful criminal defense strategy is going to be your best option if you hope to get back to your family sooner. Here is more about when you can be charged with assaulting a police officer, the possible penalties you could be facing if you are convicted, and what to expect if you are found guilty.
When You Can Be Charged With Assaulting a Police Officer
You can face charges for assault and assaulting a police officer under IC § 35-42-2-1 if you are accused of intentionally or knowingly attempting to take or taking a weapon from a police officer while they are working as law enforcement officials. This does not necessarily mean you must have caused severe bodily injury, but if you unlawfully and willfully touched the police officer in an offensive or harmful way, you could be charged with a criminal offense. For these charges to apply, you must have known or reasonably known that the police officer was on duty at the time of the alleged offense.
There Are Multiple Types of Charges for Assaulting a Police Officer
There are several types of charges you could face for assaulting a police officer. The severity of your churches will determine the extent of your penalties. However, assaulting a police officer is generally a felony offense:
- Under IC § 35-50-2, assaulting a police officer is a level one felony if the offense involves assaulting a police officer resulting in death. If convicted, you could spend up to 40 years in prison and pay as much as $10,000 in fines.
- Assaulting a police officer is a level three felony if the offense involves assaulting a police officer, resulting in severe bodily injury. If convicted, you could spend up to 16 years in prison and pay fines as high as $10,000.
- Assaulting a police officer is a level five felony if the offense involves assaulting a police officer while they are on duty. This is punishable by as much as six years in prison.
- Assaulting a police officer is a class B felony if the offense involves aggravated assault on a police officer using a deadly weapon or dangerous instrument. This is punishable by a $10,000 fine and up to 20 years in prison.
What to Expect After a Guilty Verdict
If you are convicted of assaulting a police officer, the aftermath of your conviction may be overwhelming. Once you have completed the terms of your criminal sentence, you can expect to be supervised for up to five years post-release. Similar to the restrictions you might face while on probation or parole, you may be prohibited from engaging with others who have criminal records, traveling outside of Indiana, and agreeing to regular and random drug screenings.
You may also be required to meet other criteria, such as securing gainful employment, adhering to a curfew, and having regular meetings with your case supervisor. Failure to follow these restrictions could result in additional criminal charges and penalties. For this reason, it is in your best interest to present the strongest defense strategy possible so you can avoid the harsh consequences that come with a conviction for assaulting a police officer.