Last Updated on: 17th October 2023, 10:57 pm

Brooklyn Assaulting a Police Officer Lawyers: A Helpful Guide

Getting arrested for assaulting a police officer in Brooklyn can be scary. The charges are serious and can change your life. But there are experienced Brooklyn lawyers who can help. This article explains the laws, penalties, defenses and process for Brooklyn assaulting a police officer cases. We’ll also share tips from top lawyers on finding the right attorney for your situation.

Assaulting a Police Officer Laws in New York

In New York, it’s illegal to assault a police officer or peace officer. This includes things like:

• Punching, kicking or physically attacking an officer
• Recklessly causing injury to an officer
• Intentionally placing an officer in fear of injury

There are two main laws that prohibit assaulting police officers in New York:

1. Assault in the Second Degree – Intentionally causing serious physical injury to an officer or recklessly causing serious injury with a deadly weapon or dangerous instrument. This is a Class D felony with up to 7 years in prison.
2. Assault in the Third Degree – Causing physical injury to an officer or intentionally placing them in fear of injury. This is a Class A misdemeanor with up to 1 year in jail.

Police officers, peace officers, firefighters, EMTs and others are given special protection under these laws. Any assault against them while performing their duties faces enhanced charges and penalties.

Penalties for Assaulting a Police Officer in Brooklyn

If convicted of assaulting a police officer in Brooklyn, penalties can include:

• Up to 7 years in state prison for a felony
• Up to 1 year in county jail for a misdemeanor
• Fines up to $5,000
• A permanent criminal record

The prosecutor typically asks for the maximum penalties in these cases. They want to send a message that attacks on police officers will not be tolerated.

Many other consequences can happen after an assaulting officer conviction, like:

• Difficulty finding a job
• Barred from certain professions
• Suspension of driver’s license
• Difficulty getting approved for an apartment
• And more

With so much at stake, getting experienced legal help is critical after an arrest for assaulting an officer in Brooklyn. An aggressive lawyer can often get charges reduced or dismissed.

Fighting the Charges: Possible Defenses

There are defenses that a skilled Brooklyn lawyer may use to fight assaulting an officer allegations, like:

• Self-defense – If the officer used excessive force and you acted in self-defense, this may excuse the conduct.
• Misidentification – If the evidence shows you weren’t the person who committed the assault.
• False accusations – The officer may be exaggerating or lying about what happened.
• Lack of intent – If there’s no evidence you intended to injure the officer.
• Mental illness – Your mental state may have impacted your actions and culpability.

An experienced Brooklyn assaulting an officer lawyer will thoroughly investigate the accusations and build the strongest defense to avoid a conviction.

The Legal Process in Brooklyn

The legal process for assaulting a police officer cases usually includes:

1. Arrest – Police respond and make an arrest at the scene or later with a warrant.
2. Booking & Processing – You’re photographed, fingerprinted and held until arraignment.
3. Arraignment – First court appearance where charges are read and bail is set.
4. Plea Negotiations – Your lawyer negotiates with the DA for reduced charges or dismissal.
5. Pre-Trial Motions – Your lawyer files motions to suppress evidence, dismiss the case, etc.
6. Trial – Either a bench trial before a judge or jury trial where guilt must be proven beyond a reasonable doubt.
7. Sentencing – If convicted, the judge issues fines, probation, jail time, etc.

Having a tough Brooklyn lawyer in your corner can help get charges dropped early. If a trial is needed, they’ll defend your rights every step of the way.

Finding the Best Lawyer for Your Case

The lawyer you choose can make all the difference in an assaulting an officer case. Look for a Brooklyn attorney with:

• Extensive experience defending NY assaulting officer cases
• A proven record of favorable case results
• Knowledge of Brooklyn courts, judges and prosecutors
• Resources to thoroughly investigate the allegations
• Affordable legal fees and payment plans

Avoid lawyers who seem disinterested in your side or quickly recommend a guilty plea. The right attorney will carefully assess the evidence against you and build a strong defense.

You can find lawyers through attorney directories like Avvo, lawyer referral services and online reviews. Narrow down your options and interview a few lawyers before deciding. Many offer free consultations.

Getting arrested for assaulting an officer in Brooklyn is serious, but an experienced criminal lawyer can help protect your rights, freedom and future.

The Bottom Line

Assaulting a police officer allegations must be taken seriously. An aggressive Brooklyn lawyer is essential to fight the charges and achieve the most favorable outcome possible. Don’t leave your fate in the hands of the system alone. With an experienced attorney guiding you, there are strong defenses and negotiation strategies to pursue. The right lawyer can make all the difference in avoiding a devastating conviction.

Sources:

1. New York Penal Law 120.05 – Assault in the Second Degree
2. New York Penal Law 120.00 – Assault in the Third Degree