No racist, discriminatory, vulgar or threatening language will be tolerated. Be transparent. Use your real name, and back up your claims. Keep it local and relevant. Make sure your replies stay on topic. Rochelle Berliner is an attorney in the National Police Accountability Project NPAP which is dedicated to ending police abuse of authority through coordinated legal action, and support for grassroots and victims' organizations combating police misconduct.
After an accusation of assault or menacing a police officer, act quickly to find a qualified attorney to help you fight these serious charges and preserve any favorable evidence. Call today to speak with an attorney at the Law Office.
We can begin your defense today to help you fight for the best result for any charge of menacing a police officer in New York City for Queens, Brooklyn, The Bronx, or Manhattan. Under New York law, the crime of menacing a police officer can be alleged when a person is accused of intentionally:. Back to Top. The laws in New York define certain terms for purposes of the "menacing a police officer" statute.
New York Assault on a Police Officer Defense Lawyer Rochelle Berliner is also experienced in pursuing claims of police misconduct, police brutality or excessive force. It provides enhanced penalties for an assault on a police officer or certain other types of professionals including: a Peace Officer; a Fireman which includes a fireman acting as an emergency medical technician EMT or paramedic administering first aid in the course of performance of duty as such fireman; or an Emergency Medical Services paramedic; or an Emergency Medical Service technician.
Back to Top Elements of the Crime of Assault on a Police Officer Under New York law, an assault on a police officer can be charged when it is alleged that: the person accused committed an assault; against a police officer or other qualified professional; with the intent to prevent the police officer or other qualified professional from performing a lawful duty; and the person accused caused serious physical injury to the police officer or other qualified professional.
Back to Top New York Statute on Aggravated Assault on a Police Officer The charge of aggravated assault on a police officer has an additional element that alleges the person accused caused serious bodily injury by using a deadly weapon or another type of dangerous instrument.
The elements of the offense require proof beyond a reasonable doubt that: the person accused acted with an intent to cause serious physical injury to a person: that the person accused knows or reasonably should know that the person assaulted is a police officer [or a peace officer] engaged in the course of performing his or her official duties; that the assault occurred while the police officer [or a peace officer] was engage in the course of performing his or her official duties; and that the person accused causes such injury by means of a deadly weapon or dangerous instrument.
Under the aggravated assault upon a police officer statute, the term "deadly weapon" is defined to include: a firearm or any other loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged; a knife including a pilum ballistic knife defined as any knife having a blade which can be projected from the handle by hand pressure applied to a spring, lever, button, or other mechanism in the handle of the knife; a gravity knife defined as any knife having a blade which is released from the sheath or handle by the force of gravity or the application of centrifugal force which, when released, is locked in place by means of a button, spring, lever or other device; a switchblade knife defined as any knife having a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife; a metal knuckle knife; a blackjack; a billy; a dagger; or metal knuckles.
Back to Top Defenses to the Crime of Assault on a Police Officer It is a defense to the charge if the police officer or other qualified professional was not performing a lawful duty at the time of the assault. Assault on a peace officer, police officer, fireman or emergency medical services professional. Assault in the first degree. Menacing in the first degree. Menacing in the second degree. Menacing in the third degree. Promoting a suicide attempt; when punishable as attempt to commit murder.
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