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Post by hecklerkoch on Apr 9, 2007 3:42:50 GMT -5
I didn't know it till I heard it, but striking or physically engagging an officer is merely a misdemeanor.
I checked just one state, a liberal state, and the NY State code has it as a Class B Felony to assault an officer.
Changing this law seems like a good place to start making demands. When I find who it should be addressed to I'll post it.
HK
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Post by eeyore on Apr 9, 2007 17:16:56 GMT -5
This is a much needed change. It will help with problems in the schools too, since students feel free to assault School Resource Officers just like teachers.
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Post by hecklerkoch on Apr 9, 2007 20:40:18 GMT -5
This is a much needed change. It will help with problems in the schools too, since students feel free to assault School Resource Officers just like teachers. Sounds like we need some ZERO TOLERANCE for starters, and then work it back, if at all. HK |
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Post by surfdog on Apr 9, 2007 21:37:40 GMT -5
To these repeat offenders assaulting an officer is nothing. A simple misdemeanor charge to them means nothing. It's time we change that and make them do some real time behind bars. Most of these guys are wanted for serious offenses: drugs, murder, etc. so they probably think they might as well throw in a simple assault while they're at it. I don't care if the jails are too crowded start stacking them two high, its not supposed to be the Hilton. Let's don't let these thugs take over and run this city. We need judges who will actually enforce the law and hold the criminals accountable.
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slappy
Junior Member
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Post by slappy on Oct 7, 2007 23:33:33 GMT -5
To Hit an Officer , Paramedic, Firefighter are all misdemeanors. sad isnt it
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fiveo
New Member
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Post by fiveo on Oct 8, 2007 22:32:45 GMT -5
Someone check, but I think if you smack a Judge it is a felony. Seriously, wouldn't that figure.
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fiveo
New Member
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Post by fiveo on Oct 12, 2007 11:27:13 GMT -5
Ok, I found it. A simple assault on a court officer (magistrate, judge, DA, ADA, clerks of court, court reporter, public defender, etc) is a Class I felony. Here is the kicker......"there is no requirement that a court officer be performing a duty of office when assaulted."
That means if one of the above listed people is at Wal-Mart and gets assaulted it is a felony whether the assaulting person knows who they are or not.
To be charged with assault on a gov't official (police officer, firefighter, ems) they have to be performing their duties at the time of the assault and the assaulting person must know they are a gov't official. With all that it is a misdemeanor.
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fiveo
New Member
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Post by fiveo on Feb 8, 2008 12:41:42 GMT -5
A judge in Charlotte once dismissed an assault on an officer charge.........then told the officer that he should expect to be assaulted in the line of duty................true story....
Yet, if I strike someone in the course of performing my duties see what happens...................
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karz10
Junior Member
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Post by karz10 on Feb 9, 2008 1:24:28 GMT -5
I'm sure I'm one of the more conservative posters here, not that they're aren't others, just pointing out that I'm not a liberal.
I thought a lot about this over the last few months since Jeff Katz brought it up on the radio awhile back. At first I was in complete agreement with him, and some of the posts above.
Then, I did get to thinking about other scenarios, where otherwise law abiding citizens have some sort of misunderstanding, or temporary lapse in judgement, and may have a minor altercation of some sort, and it get blown out of propotion.
For example, take firearm laws. They're pretty easy to break, especially from one local to another. You could be the most law abiding guy/gal in the world, and make a mistake in the wrong place about storing or carrying your otherwise legal firearm, and a lot of what happens next could have a lot to do w/ the termpermant and view of the law enforcement officer, and if it comes to it, of the judge in the case.
Not everything is a cut and dry you and the officer kind of thing, right? Even if it was, I'd like to think the VAST, LARGE, (insert acronym here) Majority of LEOs are good guys trying to serve and protect. But wouldn't it be Johnny Good Citizen's luck to have a misunderstanding w/ the wrong officer and pay a big price for it? Say if there's a fight of some sort, maybe someone attacks you and your buddy, or somehow you end up trying to break up a fight, a cop tries to sort it out, but somehow gets involved in it, and ends up taking everyone down, or mistakes you for the dumba$$ who hit him, or something, and now you're facing a felony.
I'm just thinking out loud here, don't shoot me. I'd like to see most assaults on an officer charged as felonies. I just don't know enough about the legal system, to remove my fear of being in the wrong place at the wrong time, w/ the wrong officer, even though I have no intentions of doing anything wrong to anyone, let alone an officer.
Again, I don't know the law in and out, and don't want to go on and on about hypotheticals, but I'm just trying to illustrate my concern, as cruedly as I may do it. Like when does resisting an officer go to assaulting an officer, for example. Again, going back to the chaos scenario, you get caught in the middle of something, cop doesn't know you're a 'good guy' and is just trying to get ahold of the situation, you may just be realizing he's a cop, after you already pushed him blindly trying to free yourself from the situation, whatever it was. You're injured, have no one to corroberate your story as everyone else scatters. Somehow, he's left w/ you, and the impression you assaulted him. See what I'm saying here?
Doesn't anyone else share this concern to some extent?
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