Violent crimes that individuals may be charged with when interacting with the police is the crime of Aggravated Assault on a police officer. assault crimes In order to be convicted of Aggravated Assault on a police officer, the government must prove the following criminal elements beyond a reasonable doubt: First that the defendant caused or attempted to cause bodily injury to someone. Second, that the defendant intentionally tried to cause this injury and or intentionally attempted to cause this injury and finally that the injury was caused to a police officer performing his duty (meaning working as a police officer), when the alleged assault occurred. There are several issues that are raised when reviewing the elements of the statute. The first of which is the government has to prove that the injury was intentionally inflicted by the defendant. Typically, pushing an officer away from themselves or even flailing about will not necessary satisfy this element.
Another issues that arises in Violent crimes when considering the criminal elements of Aggravated Assault on a police officer is does it matter that the defendant did not know that the person that he assaulted was a police officer. Generally it does not. Voluntary manslaughter If the defendant is involved in a confrontation with an ununiformed police officer, who is working undercover but in his capacity as a police officer, the defendant may still be found guilty of aggravated assault if the government can show that the accused intentionally caused bodily injury to him. Typically these crimes are charged when the defendant has been drinking. Accordingly, it is typically a good idea when involved in these types of situations to attend counseling to make sure something such as this never happens again. Contact the experienced Violent Crimes attorneys at the Law Offices of Kelly & Conte if you have any questions.