Charged with Assault and Battery on a Police Officer?
Amherst & Northampton Defense Lawyer
Assault And Battery On A Police Officer In Massachusetts
When most people think of an assault and battery charge on a police officer (ABPO), they assume it indicates that a violent altercation took place. This is not always the case.
In fact, any contact made with a police officer’s body in any way during an arrest can constitute assault and battery, even if the contact did not injure the officer or intend to injure the officer.
- You swing your arms to get away from a fight or other situation and accidentally strike a police officer
- You drive too closely to a police officer by the side of the road (assault with a vehicle is also considered assault with a dangerous/weapon)
Sometimes, if you are belligerent, angry, drunk, or simply annoy the officer, a minor incident can be charged as an assault and battery on an officer.
An assault and battery conviction carries a potential sentence of up to 2.5 years in jail. You may also face a minimum fine of $500, or up to $5,000.
If you or a loved one have been arrested and charged with assault and battery on a police officer, it’s important to seek immediate legal counsel from a criminal defense lawyer who specializes in ABPO. In addition to fines and jail time, you can end up with a criminal record.
Attorney Kokonowski of the Law Offices of Thomas Kokonowski, Esq. uses more than 20 years of experience to help defend the rights of the accused. Call today at 413.549.0022 (Amherst) 413.585.9200 (Northampton) or 413.737.9700 (Springfield) for a Free no obligation case review and consultation.
What Makes You Guilty Of Assault And Battery On A Police Officer?
In order to prove the crime of assault and battery against a police officer or public employee, the following six elements need to be proven:
- That the defendant touched the body of the alleged victim, without having any right or excuse for doing so
- That the defendant intended to touch the alleged victim
- That the touching was either likely to cause bodily harm or that it was done without his or her consent
- That the alleged victim was a police officer or public employee
- That the defendant knew that the alleged victim was a police officer or public employee, and
- That the police officer or public employee was engaged in the performance of his duties when the alleged incident occurred
Possible Defenses Of Assault And Battery
- Insufficient Evidence: the victim had no visible injuries; it could not be proven that you deliberately intended to inflict harm
- Unlawful Arrest: the officer was not lawfully engaging in the performance of her duties at the time you allegedly “resisted.”
- Self-Defense: even though the law requires that you must obey a police officer’s instructions, you are allowed to reasonably defend yourself if the officer uses excessive force.
- Improper Identification: the police officer must have been in uniform or been carrying proof that he was an officer in the form of a badge, identification or other credentials.
Were You Charged With Assault and Battery on a Police Officer in Amherst or Northampton?
Reach out to us today:
In Northampton at 46 Main St.
In Amherst at 150 Fearing St. Suite #5