One of the least common types of violent crimes that make their way to through the criminal justice system is assault on an officer. There are varying degrees of assault based on the level of harm caused to the victim. Murder In addition, there are different subsections of the statute that define different types of assault that are perpetrated against certain groups of individuals. One of the most serious cases of assault happen when an individual assaults an officer. Assaulting an officer is defined under section 2702 (a)(3). It is defined as the intentional cause of bodily injury to any of the officers, agents, or employees in the performance of duty. In this definition, there are three elements that need to be unpacked a little more. At first glance the terms officers, agents and employees might seem self-explanatory. However, when you really think about it these are very broad terms that can encompass a wide variety of different people. In fact, the statute further defines these terms and in total there are 38 separate individuals who if assaulted can open up that individual to assaulting an officer charge. Assaulting a firefighter, judge, district attorney, governor, and pretty much anyone who works for the state in some capacity are all individuals listed under this statute.
It is important to note the second element in the Violent Crimes statute of Assault on an officer because, in order for a defendant to be convicted for this crime, the individuals protected under this statute must be preforming their duties when assaulted. discharge of a firearm It would be a separate charge of assault if these individuals were assaulted when they were not preforming their duties. The last element of this statue is the most important and that is level of bodily injury. If any injury occurs this charge is applicable, which is a felony of the second-degree. If serious bodily injury occurs, a separate charge of aggravated assault on an officer is applicable, which is a felony of the first-degree. Due to the serious nature of this violent crime, if you have been charged under this statute, it is important to have good legal representation. The attorneys at the Law Offices of Kelly and Conte have a plethora of experience dealing with assault cases of all kinds, and will fight for the best outcome given the facts of your case.