My daughter is on Probation until 18, for fighting with another girl two years ago. Now she is being charged for 4th degree assault on police officer. She had called 911 and hung up, when dispatch called back she used inapporiate language, so officer went there and she told him to get the f**k off the property, so they sent a new officer and she told him he wasn't coming in and if he did she would slap him. The officer told her to go ahead and pointed to his cheek, so she tapped him on the cheek and is now being charged.
DUI / DWI Attorney
A person can be charged with a felony for assaulting a police officer but assuming it is 4th Degree Assault, this is a misdemeanor punishable by a maximum of 365 days in jail and a $5,000 fine. The other issue is of course her current probation status and her status as a minor. You need to speak with an attorney immediately.
You need an Avvo rated criminal defense attorney from Lewis County, found here: http://www.avvo.com/search/lawyer_search?utf8=âœ“&q=criminal+defense&loc=Lewis+county%2C+wa&commit=Search&ref=nav_search.
You also need to get your daughter into anger management and counseling, because with her current behavior, she is going to continue to escalate her behavior until she is unsalvageable if left unchecked.
James Regan, LL.M, Esq.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Florida. Responses are based solely on Florida law unless stated otherwise.
Criminal Defense Attorney
Your daughter has issues, but it sounds also like the police are way over-reacting. There may be legal defenses to whether the police had a right to come in, and if an officer invited her to slap him, then it is not an "assault." I recommend you get a good lawyer for your daughter as soon as possible to explore the details.
Criminal Defense Attorney
Slapping a police officer can be charged as Assault 3, which is a felony, rather than Assault 4, which is a misdemeanor. Either way, she will need an attorney.
If she is convicted, it will definitely be a probation violation. However, it is possible for the court to find a violation even if she is not convicted. What will happen on the other case, depends on the status of the case. If the case that she is on probation for was a deferred disposition, than a violation could result in a conviction on her record and being sentenced anywhere within the standard range (if Assault 4, 0-30 days in detention plus fines, community service, etc). If she was already convicted, a violation could result in detention or any number of other sanctions that the court may deem appropriate. In order to accurately answer your question, an attorney would need to know the charges and status of the case on probation.