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When being charged for assaulting a police officer and they get hurt do you have to intend on doing it or it does not matter

Brooklyn, NY |

Officers saying I assaulted them to try and explain the excessive force they used on me

Attorney Answers 3

Posted

You have to intend to prevent him from doing his job:

PL 120.05(3) With intent to prevent a peace officer, a police officer,
registered nurse, licensed practical nurse, sanitation enforcement
agent, New York city sanitation worker, a firefighter, including a
firefighter acting as a paramedic or emergency medical technician
administering first aid in the course of performance of duty as such
firefighter, an emergency medical service paramedic or emergency medical
service technician, or medical or related personnel in a hospital
emergency department, a city marshal, a traffic enforcement officer or
traffic enforcement agent, from performing a lawful duty, by means
including releasing or failing to control an animal under circumstances
evincing the actor's intent that the animal obstruct the lawful activity
of such peace officer, police officer, registered nurse, licensed
practical nurse, sanitation enforcement agent, New York city sanitation
worker, firefighter, paramedic, technician, city marshal, traffic
enforcement officer or traffic enforcement agent, he or she causes
physical injury to such peace officer, police officer, registered nurse,
licensed practical nurse, sanitation enforcement agent, New York city
sanitation worker, firefighter, paramedic, technician or medical or
related personnel in a hospital emergency department, city marshal,
traffic enforcement officer or traffic enforcement agent;

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. 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. The above answer is for informational purposes only and not meant as legal advice.

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John J. Carney

John J. Carney

Posted

You and Marco are doing a great job here, well done gentlemen.

Posted

I agree with Attorney Rothstein.

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Posted

All that is required is that there be an intent of your preventing the officer from performing a lawful duty, and in the process injuring the officer. You do not necessarily need the intent to injure him. Such assault resulting in a physical injury is a felony. However, in certain circumstances a self-defense claim may arise. It is unclear to whom yo were trying to explain the circumstances, but it best be your criiminal defense attorney.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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