Founding Attorney
Assaulting a police officer is one of the most serious violent offenses under New York law. Even if the injury appears minor or the encounter was chaotic, prosecutors treat these cases with extreme severity. A conviction can result in years in prison, a permanent felony record, and lasting personal consequences. Let’s explore the consequences of assaulting a police officer and how an experienced defense attorney can protect your rights.
How New York Defines Assault on a Police Officer
Under New York Penal Law §120.08, a person commits assault on a police officer when they intentionally cause physical injury to an officer who is performing official duties, and the defendant knows or reasonably should know that the victim is a police officer.
There are related statutes as well:
- §120.05(3) – Assault in the Second Degree on a police officer or other public servant (Class D felony)
- §120.08 – Assault on a Police Officer (Class C felony)
- §120.11 – Aggravated Assault on a Police or Peace Officer (Class B felony)
These distinctions depend on the severity of the injury, whether a weapon was involved, and the circumstances of the encounter.
Felony Levels and Penalties
Assaulting a police officer is never charged as a misdemeanor. Depending on the facts, a conviction can result in a lengthy imprisonment.
Assault in the Second Degree (PL §120.05(3))
- Causing physical injury to an officer, firefighter, paramedic, or other public servant.
- Class D felony
- Up to 7 years in state prison and potential fines or probation.
Assault on a Police Officer (PL §120.08)
- Causing physical injury with the intent to prevent the officer from performing lawful duties.
- Class C felony
- Up to 15 years in prison and a permanent criminal record.
Aggravated Assault on a Police Officer (PL §120.11)
- Causing serious physical injury by using a deadly weapon or dangerous instrument.
- Class B felony
- Up to 25 years in prison and mandatory post-release supervision.
Even first-time offenders can face lengthy sentences. Judges rarely grant leniency, especially if the officer required medical attention or if the incident occurred during an arrest or investigation.
What Prosecutors Must Prove
To convict, prosecutors must show beyond a reasonable doubt that:
- The defendant intentionally caused physical injury.
- The victim was a police or peace officer performing official duties.
- The defendant knew, or reasonably should have known, that the person was an officer.
If any of these elements cannot be proven, for example, if the officer was off-duty or not clearly identified, the charge may be reduced or dismissed.
Common Situations Leading to Charges
Assault on a police officer can arise from incidents that begin as minor encounters. Examples include:
- Resisting arrest and accidentally striking an officer.
- Defending yourself against excessive force.
- Physical contact during a crowded or chaotic situation.
- Emotional or mental health crises that escalate unexpectedly.
Due to the high stakes involved, police and prosecutors often assume intent even when the injury was unintentional. Having a defense attorney who can review videos, witness statements, and body-camera footage is essential.
Possible Defenses
Every case is different, but several defenses may apply:
- Lack of Intent–The injury was accidental or incidental to resisting what you believed was unlawful force.
- Self-Defense–You acted to protect yourself from excessive or unlawful physical contact.
- Identity Issues–You did not know—or could not reasonably know—the person was a police officer.
- Insufficient Evidence–The prosecution cannot prove that a “physical injury” occurred as defined by law.
- Procedural Errors–Your constitutional rights were violated during arrest or questioning.
Our firm investigates each detail and challenges assumptions that often shape the prosecution’s version of events.
Collateral Consequences of a Conviction
Beyond imprisonment, a felony conviction for assaulting a police officer can affect nearly every part of your life:
- Loss of voting rights while incarcerated and on parole
- Difficulty finding employment or professional licensing
- Immigration consequences for non-citizens
- Restrictions on owning or possessing firearms
- Lasting damage to your reputation
These long-term effects make it critical to work with an attorney who understands both the courtroom process and the human impact of these charges.
How We Can Help
At Michael A. Arbeit, P.C., we have decades of experience defending clients in Nassau County, Suffolk County, Queens, and the greater New York City area. We take a strategic, hands-on approach:
- Reviewing every piece of evidence, including police reports and body-cam footage
- Identifying inconsistencies in the officer’s account
- Negotiating with prosecutors for dismissal or reduction of charges
- Preparing strong trial defenses when necessary
Early intervention can mean the difference between a felony conviction and a reduced or dismissed charge. Trust our team to protect your rights and help you build a strong defense. Contact us today to get started.