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What is the min and max sentence in NEW YORK STATE for assaulting a police officer?

New York, NY |

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Attorney Answers 3


  1. Assuming that it is not an Aggravated Assault, a B felony, nor an assault preventing him from assisting in medical care, a C felony, and is an Assault 2d degree, a D felony, and you are not a prior convicted felon, then it is a violent felony and the sentence is a fixed time between 2 to 7 years state prison. 6/7th of the sentence is served, and there is post release supervision up to 5 years.

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  2. 2 to 7 assuming the D felony and the person is not a second felony offender.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  3. The above answers are correct assuming the charge is Assault in the 2nd Degree and the person is not a second felony offender. The person may also receive "shock probation" that is a split sentence of up to six months of jail plus five years probation.

    (585) 325-4445 Mr. Napolitano is an experienced attorney with a focus on criminal defense, traffic and DWI/DUI. His response to your question is general in nature, as not all the facts or circumstances are known to him. You should retain an attorney experienced in your area to review your case in order to receive advice specific to your situation. The statement above does not create an attorney/client relationship.