New York Penal Law § 120.08 – Assault on a Peace Officer, Police Officer, Firefighter or Emergency Medical Services Professional

Assault on a Peace Officer, Police Officer, Firefighter or Emergency Medical Services Professional (“Assault on Police”) is a crime prohibiting anyone from inflicting serious physical injury upon a peace officer, police officer, firefighter or emergency medical services professional for the purposes of preventing them from performing a lawful duty. Assault on Police is a Class C felony.

Every crime is made up of certain “elements,” which are facts that the prosecution must prove beyond a reasonable doubt before a judge or jury can return a conviction. The elements of Assault on Police are:

1. The defendant acted with the intent to prevent a police officer, peace officer, emergency medical services paramedic, emergency medical services technician or firefighter from performing a lawful duty;
2. The alleged victim was a police officer, peace officer, emergency medical services paramedic, emergency medical services technician or firefighter; and
3. The defendant caused serious physical injury to the alleged victim.

In this context, “serious physical injury” refers to any injury that creates a substantial risk of death, serious disfigurement, or other long-term health consequences. Also of note, the law does not require a defendant to have the intent to cause the alleged victim to suffer physical injury, only that they had the intent to prevent them from performing a lawful duty.

Most of the examples of Assault on a Peace Officer, Police Officer, Firefighter or Emergency Medical Services Professional are fairly obvious and include the following:

• Attacking a police officer while they are making a lawful arrest; and
• Assaulting an emergency responder as they are attempting to render aid to another person.

Often, prosecutors bring Assault on Police charges along with one or more of the following:

• Menacing a Police Officer of Peace Officer – N.Y. Penal Law § 120.18
• Aggravated Assault Upon a Police of Peace Officer - N.Y. Penal Law § 120.11
• Assault on a Peace Officer, Police Officer, Fireman or Emergency Medical Services Professional – N.Y. Penal Law § 120.08
• Assault on a Judge – New York Penal Law § 120.09
• Menacing in the First Degree – N.Y. Penal Law § 120.13
• Menacing in the Second Degree – N.Y. Penal Law § 120.14
• Menacing in the Third Degree – N.Y. Penal Law §120.15
• Assault in the First Degree – N.Y. Penal Law § 120.10
• Assault in the Second Degree – N.Y. Penal Law § 120.15
• Assault in the Third Degree – N.Y. Penal Law § 120.00

There are several defenses to Assault on Police that can either reduce your sentencing exposure or result in the prosecution withdrawing the case against you or the jury returning a “not guilty” verdict. The most common defenses include the following:

• The officer or government worker was in the process of performing a lawful duty;
• The defendant did not have the intent to prevent the officer from carrying out their official duties;
• The defendant acted in self-defense or in the defense of others; and
• The police officer was not seriously injured.

Assault on Police is a Class C felony. In New York, Class C felony crimes carry a maximum sentence of up to 15 years in jail and a fine of up to $15,000.

If you’ve been arrested and charged with assaulting a police officer or other public servant, you’re facing a felony record if convicted. However, there are many defenses to assault offenses. At Tilem & Associates, P.C., our dedicated team of New York criminal defense attorneys have extensive hands-on experience representing clients charged with violent crimes and know what it takes to secure the result you need to move on with your life after your arrest. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.