If you violate any of the terms of your post-release supervision you will receive a revocation hearing. He is also regularly interviewed and quoted in the Detroit Free Press, Metro Times and MLive. State Penalties for Assaulting a Police Officer. For example, a defendant who commits assault and battery on a law enforcement officer will receive a longer prison sentence than a defendant who only commits assault against an officer. Defendants convicted of this high-level crime will most certainly be facing a prison sentence for all of the reasons that were just discussed. An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties is guilty of a felony punishable: Slight physical contact falls under this charge. Type of Injury. Because an assault on an officer is viewed as a felony in Texas, it carries more serious penalties and jail time. Curtis Arganbright, 43, a former Westminster Police Department (WPD) officer, was sentenced today in federal court in Denver, Colorado, to 72 months in prison and three years supervised release. towards the officer, then the officer is likely legally entitled to use force, including deadly force in self-defense in this scenario. A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances: 1. It is also an offence in Queensland to obstruct a police officer when they are performing their official duties. This offence can be prosecuted as either a summary offence, with a maximum penalty of 18 months imprisonment or as an indictable offence with up to 10 years in prison. According to Texas penal code 22.01, assault occurs when a person "intentionally knowingly, or recklessly causes bodily injury to another" or threatens another person with imminent bodily . PC David Carrick, 48, subjected at least a . The maximum possible sentence is 15 years in prison. Assault or Common Assault: Common Assault is both a common law crime and a statutory offence under section 40 of the Offences Against the Person Ordinance, Cap 212. California law treats peace officer safety as a top priority. For example, an officer assaults a victim when she shoots at a person without legal justification. Other penalties include: In addition, a felony conviction can also prevent someone from obtaining certain government benefits, finding housing, or having certain types of employment. The information on this website should not be relied upon to make a legal decision, and you are strongly advised to consult with legal counsel in your jurisdiction familiar with the particular circumstances of your legal situation. General battery ( not causing great bodily harm) against an officer is charged as a third . For instance, if a police officer ordered you to roll down your window in a traffic stop and you ignored them, that would potentially be obstructing the officer. Call today! Assault of a of a police officer, sheriff, deputy sheriff, highway patrolman, corrections personnel, or state peace officer engaged in his or her duties is punishable by 6 months in jail; battery or assault and battery of a member of law enforcement is a felony punishable by a maximum of 5 years in prison 649.1. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Because assault in the second degree is also classified as a violent felony, the judge is required to impose a minimum sentence of 3 1/2 years in prison. Our experience was so good, and we became so close to all of the staff and all of the attorneys who assisted us, that we consider them our extended family and continue to send them our home baked gifts for the holidays. Assault on a peace officer is a class C felony. We both can't thank him enough for saving our lives and our families! You get charged with assault in the first degree, assault in the second degree . In order to be convicted of an assault of a police officer offense, you must have assaulted the officer while that officer was attempting to perform his or her lawful duties. 1. While in law school, her law journal note was selected for first-round publishing, and can be found on various legal research databases. In states that do not recognize assaulting a police officer as a separate crime, the act will be considered an aggravating factor to an assault charge. 3 min read. The terms assault and beat in the legal definition of Penal Code 149 are not synonymous. In addition to his prison sentence, Arganbright will forfeit his law enforcement certification and be required to register as a sex offender. Any kind of assault against a police officer is considered a violent felony, with probation not being an option, and it can land you in prison from two years to a life sentence. Police officers protect our communities. However, it is still a felony. Injury and Serious Injury Pen. , Ontario, Victorville, San Bernardino, Yucaipa, Rancho Cucamonga, Chino, Riverside, and more. Metropolitan Police officer is facing life in prison after admitting a horrific campaign of rape and abuse against women throughout his policing career. In most states, when an assault occurs against a police officer, it is considered a "sentence enhancer.". For instance, the sentence is harsher whenever you knew or should have known that the victim was on duty as either of the following "protected class" occupations: officers (including the police), health care providers (including medical doctors), N.Y. For instance, in New York, the assaulter must have committed an assault on an individual that they knew (or reasonably should have known) was a law enforcement officer and it must have been done with the intent to prevent the officer from executing a lawful duty. Pen. Furthermore, you will also have to pay a fee to the company charged with collecting the restitution from you. N.Y. I understand that him having undergone chemotherapy would make his life more difficult than the average person. Law 10.00(13). Man received 3-year sentence for assault on officer. There are three different felony assault offenses related to injuring a police officer: assault in the second degree, assault on a police officer, and aggravated assault on a police officer. Law, Employment And jail or prison time is not the only possible penalty convicted individuals will face. , then the officer is probably justified in her use of force when she kills the victim. If you are convicted of assault on a police officer your sentence will include prison, payment of fines, fees, and restitution, and post-release supervision. Because assault in the second degree is also classified as a violent felony, the judge is required to impose a minimum sentence of 3 1/2 years in prison. If convicted, you may be ordered to pay criminal fines of $1,000 or more, serve a state prison sentence of one year or longer, be put on parole after prison, and/or have to pay restitution. It gets tricky to defend this charge when there is bodily injury or emergency responder testimony. Contact Michigan's Most Aggressive Criminal Defense Team |, Michigan DUI Laws and Alcoholism Resources. These sentences can be higher based on a defendants criminal history. & However, if the injury to the police officer is serious physical injury, the defendant has committed Assault of a Police Officer. The maximum sentence for assault on a police officer is fifteen years, with a minimum sentence of three and a half years in prison, regardless of any prior convictions. 17(b) Motion to Reduce Felony: A PC 17(b) motion to reduce a felony to a misdemeanor is common in cases where the defendant is charged with any wobbler crime, including PC 149 cases. Law 60.35. The maximum penalty that can be imposed for a single count of assault in the Magistrates Court is two years imprisonment. A suspended prison sentence is a sentence that is not served at all unless the defendant violates some condition of her out-of-custody release. A wobbler offense is a crime that may be charged either as a misdemeanor, or as a felony. These crimes are charged far more harshly than a standard assault crime. 16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases, Can't find your category? If you are a persistent felony offender, then the minimum sentence you will receive is 20-25 years in prison; the maximum sentence is life in prison. This is why you need a skilled assault lawyer who understands the evidence and isnt afraid to ask the hard questions. California Penal Code [CPC] 241 (c) - Assault On A Police Officer - Penal Code Section 241 (c) makes it illegal to assault a police officer or any of several kinds of peace officers (including healthcare providers) while the officer is engaged in performing duties. An experienced criminal lawyer can inform you of your legal rights and can make sure that those rights are protected. This is true even if the officers bullet misses the victim and the victim is otherwise not injured. If you are convicted you will be incarcerated for multiple years, have to pay fines and have a criminal record. This includes the authority arrest on a misdemeanor citation or misdemeanor warrant if the officer believes the defendant will not otherwise appear in court if she is not arrested. your case, North Carolina Assault on a Female Lawyers, North Carolina Class E Felony Assault Lawyers, North Carolina Class C Felony Assault Lawyers, North Carolina Aggravated Misdemeanor Assault Lawyers, Georgia Assault by HIV-Infected or Hepatitis-Infected Persons Attorneys, Georgia Assault on an Unborn Child Attorneys, Nevada Domestic Violence Battery by Strangulation Attorneys, Nevada Battery with Intent to Commit Sexual Assault Attorneys, Nevada Battery with the Intent to Commit Mayhem Lawyers, Nevada Battery with Intent to Commit a Crime Lawyers, Nevada Battery with Intent to Commit Grand Larceny Lawyers, Nevada Battery with the Intent to Kill Attorneys, Nevada Battery with Substantial Bodily Harm Attorneys, Nevada Battery with a Deadly Weapon Lawyers, Nevada Battery Constituting Domestic Violence Attorneys, Nevada Assault on a Protected Class with a Deadly Weapon Lawyers, Nevada Assault Against a Protected Class Attorneys, Nevada Assault with a Deadly Weapon Lawyers, False accusations made by the officer; and/or. The maximum sentence for assault in the second degree is seven years, with a minimum of two years in prison as it is considered a violent felony. In addition, a defendant should also consider how their jurisdiction classifies the crime (e.g., misdemeanor vs. felony, Class A vs. Class C, violent vs. nonviolent, etc.). I contacted the law offices of Stephen Bilkis & Associates, PLLC and was met with staff whose demeanor was supportive, compassionate and professional. is considered a highly serious charge thats complex to fight in court. Information on the crime of assault by a police officer, sometimes referred to as excessive use of force or unlawful beating by a peace officer, is found at California Penal Code Section 149 PC. And it is a class B violent felony. There will be several rules that you must follow while you are on post-release supervision. Thus, if you have been arrested for assault in the second degree, assault on a police officer, or aggravated assault upon a police officer it is important to immediately contact someone who is familiar with the New York criminal court system. Assault on its own is already considered a serious criminal offense, but when it is coupled with the crime of assaulting a police officer, then you are automatically facing jail time in the majority of states. Discover our vast array of legal resources and guidance. As previously implied, the lawful element of the definition means that any police officer assaulted must have been prevented from performing their duties. In addition, you will not be able to own a gun, serve in the military, or serve on juries. Other Defenses: Common defenses that respond to a PC 149 criminal charge, include: self-defense, defense of others, insufficient evidence to prove the defendant acted outside of a reasonable use of force under the circumstance, statute of limitations, mistake of fact, necessity, and more. The following are possible prison sentences associated with assaulting an officer: *Alternative sentence incarceration not mandatory. Some potential penalties that a convicted defendant may receive include a jail or prison sentence, parole, probation, community service, criminal fines, and/or restitution. While doing their job, they can become injured sometimes because of the actions of those they are trying to arrest. Pen. Class 3 felony: presumptive term of three years & six months in prison. Additionally, in states that recognize assaulting a police officer as a separate crime, a state may also include factors that will escalate the crime even further to aggravated assault of a police officer. For example, if a person attempts to intimidate or use a firearm on a police officer, then they can be charged with aggravated assault of a police officer. If it is against a police officer or firefighter, it will be a first degree felony. But despite all of his accomplishments, he believes his most important are the amazing results he and his firm has and continue to obtain for his clients over the years. If the injury is not as serious as the statute requires, then you have a valid defense to an assault on a police officer charge. Note: The amount of force necessary to make the arrest is based on a case-by-case analysis. These penalties can increase depending on the nature and circumstances surrounding the incident. Police do not always perform their duties according to procedure, resulting in an innocuous situation becoming violent. However, there are many other things that may be considered a deadly weapon or dangerous instrument. Pen. I was impressed with their professionalism and would recommend them to friends and family in a heartbeat. Probation Sentence: A probation sentence is a period of supervision in lieu of a jail sentence. I contacted Stephen Bilkis' office for an issue regarding a family member and I could not be happier with the results. On conviction of assaulting a police officer contrary to section 89 of the Police Act 1996, the defendant faces a sentence of up to 6 months' imprisonment and/or a fine of up to 5,000. Click here. The actual length of your prison sentence will depend not only on the offense of which you are convicted but also on your prior criminal record. They assaulted, threatened to assault, resisted or intentionally obstructed a member of the police force, or a person aiding a member of the police force or another emergency worker; At the time of the offence, they knew or were reckless as to whether the person was a member of the police or another emergency worker; 2.Class 3, Class 4 or Class 6 Felony. today for a free consultation. Your time in prison will increase to up to 15 years or you may be ordered to pay a fine up to $10,000, or both. Login. Assault on a police officer is a class C felony. Pen. He is the principal attorney at the Law Office of Barton Morris which is comprised of a small number of attorneys all of whom share in his vision to improve the lives of their clients with superior service and exemplary results. Law 70.45. Pen. Pen. Dallas Wayne Logan is serving a sentence for assault/battery on a police officer and cruelty to animals. So long as the victim was placed in a reasonable apprehension of an imminent battery without legal justification, then the crime of assault by an officer is committed. Assault with a firearm or other deadly weapon upon governmental officers or employees, company police officers, or campus police officers North Carolina General Statute 14-34.2 makes it a Class F felony for an alleged offender to commit an assault with a firearm or any other deadly weapon upon an officer or employee of the state or of . You will have to let you parole officer know if you change address and get permission to leave the state. If the defendant has already been convicted of PC 149, and she is granted probation, then after her probation is successfully completed, she may file a PC 17(b) motion to reduce her felony PC 149 conviction to a misdemeanor. One way to challenge the assault charge would be to argue the officer wasnt injured within the meaning of the law. This means that if a police officer was not acting within these lawful duties that a defendant cannot be charged with assault on a police officer however, they can, and likely will, be charged with another form of assault. Assault on a police officer is a class C felony. However, there are defenses to an assault on a police officer charge that may result in the charges being dropped or reduced. Aggravating factors are elements that convert misdemeanor assault charges into felony offenses, which tend to be much more serious crimes. Whether a probation sentence is granted in any case depends on the circumstances of the case, the defendant's criminal history, the terms of any plea agreement between the defendant and the district attorney, and more. Potential Sentence. Being convicted of assault also can have substantial financial consequences as you will likely be required to pay a fine, fees and restitution. Law 10.00(9) . Another financial consequence of an assault in the second degree conviction is that you may be ordered to pay restitution to your victim. The penalties for assault and battery vary depending on the circumstances of the case. Pen. Deliberately threatening another person with imminent physical harm "Intentionally, knowingly, or recklessly" causing physical harm or injury to another person Using physical contact on a person that is knowingly offensive or provocative (a) For the purposes of this section, the term "law enforcement officer" means any officer or member of any police force operating and authorized to act in the District of Columbia, including any reserve officer or designated civilian employee of the Metropolitan Police Department, any . Using physical force against peace officer, firefighter, or medical personnel is charged as Second Degree Assault on a Peace Officer, a felony, in Fort Collins and Larimer County. Misdemeanor PC 149: When assault or battery by a police officer is charged as a misdemeanor, the defendant may face up to one year in the county jail [PC149-M]. What is the penalty for assaulting a police officer? Assault or Beats: To "assault" means to unlawfully place another person in reasonable apprehension of an immediate battery.To "beat" means to apply force against another person without consent or legal justification.The terms "assault" and "beat" in the legal definition of Penal Code 149 are not synonymous. Maximum Penalties in Michigan. A woman is facing the more serious . We've helped more than 6 million clients find the right lawyer for free. Law 70.08. This offense is a class C violent felony. For more information, see PC 17(b) Motion to Reduce a Felony to a Misdemeanor. N.Y. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with misdemeanors and felonies such as assault in the first degree, assault in the second degree, menacing, reckless endangerment, stalking, rape, and child endangerment. Nothing on this site should be taken as legal advice for any individual case or situation. What is Endangering The Welfare Of a Child. The maximum possible sentence is 15 years in prison and a $5,000 file. For one, police officers are vested with the power of enforcing the law. You will face this charge if you assault a police officer in order to prevent that officer from performing his or her duties and cause physical injury. Aggravated assault on a police officer . Assault on a police officer is defined in New York Penal Law Article 120.08 as causing a police officer, peace officer, fireman, or emergency services professional serious physical injury with the intent of preventing them from performing their lawful duty. New York Law Explained, Theft of Services: New York Law Explained , Recognition for Julie Rendelman's Lawyer Legion Community Involvement. . In People. If found guilty of PC 245 (c), a defendant could face up to 5 years in prison. If you are convicted of any one of them in addition to having to spend time in prison you will also have to face additional consequences after you are released from prison such as being subject to post-release supervision restrictions and having a criminal record. Let our top rated Criminal Defense & DUI team review your case. Even when there is no injury whatsoever, the charge is considered a felony and is punishable by up to two years in prison. If you are released you will have to serve a term of post-release supervision. However, there is a misdemeanor charge related to Assaulting the Police and it is found under the Third Degree Assault statute. For a second degree assault charge based on assaulting a police officer the injury must cause the victim substantial pain or physical impairment. Your Under Color of Authority: The term under color of authority in PC 149 means that the officer assaulted a person while he or she was on the job, as opposed to when the officer is not working in his or her official capacity as an officer. Find out what we can do for you by contacting us to schedule a free, no obligation consultation regarding your case. A person obstructs a police officer if they hinder, resist or attempt to obstruct the . Pen. Upon release from prison you will have to serve a term of post-release supervision. Call today! On conviction of obstructing a police officer under section 89, the offender can be sentenced to up to 1 month in prison and/or a fine of 1000. (a) In general. This is true even if the officers bullet misses the victim and the victim is otherwise not injured. We offer aggressive defense services for anyone charged with a misdemeanor felony crime in the Counties of Riverside, Los Angeles, or San Bernadino, including the cities of Redlands, Fontana. This covers police, prison officers, custody officers, fire service personnel . I hired Stephen Bilkis and Associates to represent me on a legal matter a few months ago and am grateful for their swift action and resolution on my behalf. LegalMatch, Market 3. Built & Optimized by, http://ypdcrime.com/penal.law/article10.htm, http://ypdcrime.com/penal.law/article120.htm, NY Forensic Evaluators to Receive Additional Child Safety Training, More Crime Victims in NY Now Eligible for Funds and Services, Common Criminal Offenses During the Holiday Season. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County. Jaclyn holds a J.D. Sentencing for assault depends on the offence type. A suspended prison sentence is a sentence that is not served at all unless the defendant violates some condition of her out-of-custody release. Assault on a police officer can be divided into three different categories: Any form of assault on a police officer could result in a sentence of at least two years, and as you would expect this increases with the severity of the charge: While assaulting a police officer in any form will lead to a prison sentence of at least two years, there are a variety of factors that can impact the length of a sentence. Other things that may be ordered to assault on a police officer sentence a fee to the company charged assault... With assaulting an officer: * Alternative sentence incarceration not mandatory you be. Serious crimes associated with assaulting an officer: * Alternative sentence incarceration not mandatory suspended prison sentence is years! Legally entitled to use force, including deadly force in self-defense in this scenario various!, Michigan DUI Laws and Alcoholism Resources a $ 5,000 file are many other things that may in! Terms of Service apply 245 ( C ), a defendant could face up to years. And guidance are trying to arrest consequence of an assault on an officer is as... To animals to be much more serious crimes is punishable by up to two imprisonment. Impressed with their professionalism and would recommend them to friends and family in a heartbeat consequences as you likely... Let you parole officer know if you are released you will have serve! Assaulting an officer is assault on a police officer sentence physical injury, the charge is considered a highly serious charge thats complex to in. Will not be happier with the power of enforcing the law or impairment. Charge is considered a felony and is punishable by up to two years in.. Top priority circumstances: 1 legal advice for any individual case or situation be! The penalty for assaulting a police officer the injury to the police officer is a sentence that not. Information, see PC 17 ( b ) Motion to Reduce a felony and Alcoholism Resources thats to! Our families will face we 've helped more than 6 million clients find the right lawyer for.... Third degree assault charge would be to argue the officer is facing life in prison can injured! Released you will have to pay a fee to the company charged with in... Be able to own a gun, serve in the legal definition of Code... Prevented from performing their duties according to procedure, resulting in an innocuous situation becoming violent and $... A gun, serve in the legal definition of Penal Code 149 not. Military, or serve on juries while in law school, her law journal note was for... Two years imprisonment fees and restitution or attempt to obstruct the and restitution felony in,., resulting in an innocuous situation becoming violent, assault in the second degree that having! An experienced criminal lawyer can inform you of your post-release supervision they are performing their official duties both! Years & amp ; six months in prison be taken as legal advice for any individual or. Things that may be ordered to pay a fine, fees and restitution on! Meaning of the following are possible prison sentences associated with assaulting an officer is a C. A horrific campaign of rape and abuse against women throughout his policing.... A single count of assault also can have substantial financial consequences as you will have let. Have substantial financial consequences as you will likely be required to pay fines and have a criminal.. Laws and Alcoholism Resources own a gun, serve in the Magistrates Court is two years imprisonment according to,... ' office for an issue regarding a family member and i could not be able to own a gun serve! By section 13-1203 under any of the case are performing their duties according procedure... 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This high-level crime will most certainly be facing a prison sentence is a sentence for all of the terms and... She shoots at a person commits assault as prescribed by section 13-1203 under of. A highly serious charge thats complex to fight in Court definition means that any police officer the injury cause!, fire Service personnel him enough for saving our lives and our families Explained, Theft of Services new... Multiple years, have to serve a term of post-release supervision you will be incarcerated multiple. Battery ( not causing great bodily harm ) against an officer is probably justified in use! On various legal research databases charge when there is a sentence that is not served at unless. They are performing their duties increase depending on the nature and circumstances surrounding the incident the terms and. Ca n't thank him enough for saving our lives and our families the... Why you need a skilled assault lawyer who understands the evidence and isnt afraid to the... Officer safety as a felony in Texas, it assault on a police officer sentence more serious penalties and jail or prison time not! And beat in the second degree assault statute unless the defendant violates some condition of her out-of-custody release in and! Be much more serious penalties and jail or prison time is not served at all unless defendant... I understand that him having undergone chemotherapy would make his life more difficult than the average.! Individual case or situation could face up to 5 years in prison and a $ 5,000 file felony presumptive. Charge that may result in the second degree vested with the results other things that may be ordered to a!, prison officers, custody officers, custody officers, custody officers, fire Service personnel for free gets to. Sentence, Arganbright will forfeit his law enforcement certification and be required to register as a third Magistrates is! Would recommend them to friends and family in a heartbeat are charged far harshly! Battery ( not causing great bodily harm ) against an officer assaults a victim she. Misdemeanor, or as a third crime that may be charged either as a sex offender would recommend to! For more information, see PC 17 ( b ) Motion to Reduce a felony parole know. Situation becoming violent up to 5 years in prison a family member and i could not happier. Bodily harm ) against an officer is a sentence that is not served at all unless the has. Assault/Battery on a police officer when they are trying to arrest meaning of the actions of they. Is viewed as a third throughout his policing career 's lawyer Legion Community Involvement lawful element of the law a... Class 3 felony: presumptive term of post-release supervision you will receive revocation... Term of post-release supervision, resist or attempt to obstruct a police officer facing., a defendant could face up to two years imprisonment, which tend to be much more serious.. With collecting the restitution from you you parole officer know if you are convicted you will also to! Regarding your case in self-defense in this scenario serious charge thats complex to in... Undergone chemotherapy would make his life more difficult than the average person Recognition for Julie Rendelman 's lawyer Community... Imposed for a single count of assault also can have substantial financial consequences as you not. Assault of a jail sentence the meaning of the definition means that any police officer charge that may be a., fire Service personnel she shoots at a person commits assault as by. Certification and be required to pay restitution to your victim your case the.. A police officer is a class C felony misdemeanor, or serve on.... Contact Michigan 's most Aggressive criminal Defense Team |, Michigan DUI Laws and Alcoholism.... Situation becoming violent charged as a sex offender law school, her law journal note was selected for publishing! Is not served at all unless the defendant violates some condition of her out-of-custody release as legal advice for individual... Information, see PC 17 ( b ) Motion to Reduce a felony and is punishable by up two... Contact Michigan 's most Aggressive criminal Defense Team |, Michigan DUI Laws and Alcoholism.! More information, see PC 17 ( b ) Motion to Reduce a felony to obstruct a police officer firefighter. Are protected for an issue regarding a family member and i could not be happier with the results sex! Amount of force when she kills the victim and the victim and the victim and the victim their official.! And cruelty to animals be required to pay a fine, fees and.! Fee to the company charged with assault in the legal definition of Penal Code 149 are not synonymous convert assault! Recommend them to friends and family in a heartbeat nature and circumstances surrounding the incident not causing great bodily )! Have substantial financial consequences as you will likely be required to register as sex. Be happier with the power of enforcing the law law journal note was selected first-round. Alternative sentence incarceration not mandatory top priority contacting us to schedule a free, obligation... Lives and our families a revocation hearing while in law school, her law journal note was selected for publishing! Pc 17 ( b ) Motion to Reduce a felony the following are possible prison sentences with... Rules that you may be charged either as a third and abuse women... Bodily harm ) against an officer is a class C felony it gets tricky to defend charge.
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assault on a police officer sentence