New York Penal Law § 120.11 – Aggravated Assault Upon a Police Officer or Peace Officer

Aggravated Assault Upon a Police Officer or Peace Officer is a New York felony offense imposing harsh punishments upon those who use a deadly weapon to cause a peace officer or police officer to suffer serious physical injury. Aggravated Assault of a Police Officer is a Class B felony.

Before a judge or jury can convict anyone of Aggravated Assault on a Police Officer, the government must establish each element of the offense beyond a reasonable doubt. The elements of Aggravated Assault on a Police Officer are:

1. The accused caused serious physical injury to the alleged victim;
2. The accused used a deadly weapon or dangerous instrument;
3. The accused’s intent was to cause serious physical injury;
4. The alleged victim was a police officer who was in the process of performing their official duties;
5. The accused knew or should have known that the alleged victim was a police or peace officer.

Some common examples of Aggravated Assault Upon a Police Officer or Peace Officer include the following:

• A defendant resists an arrest by fighting off officers with a baseball bat, breaking a police officer’s arm in the process;
• A bystander sees what they incorrectly believe to be an unlawful arrest and smashes a glass bottle over the arresting officer’s head; and
• A driver leads police on a high-speed chase, striking a police officer’s vehicle.

In some cases, the government may bring Aggravated Assault on a Police Officer charges along with one or more of the following:

• Assault on a Peace Officer, Police Officer, Fireman or Emergency Medical Services Professional – N.Y. Penal Law § 120.08
• Menacing a Police Officer of Peace Officer – N.Y. Penal Law § 120.18
• Menacing in the Second Degree – N.Y. Penal Law § 120.14
• Menacing in the First Degree – N.Y. Penal Law § 120.13
• Assault on a Judge – N.Y. Penal Law § 120.09

Various defenses to Aggravated Assault on a Police Officer can potentially mitigate your sentencing exposure or lead to the prosecution dropping the case against you, or the jury returning a "not guilty" verdict.

The most common defenses include the following:

• The defendant did not use a deadly weapon or dangerous instrument;
• The defendant was acting in their own defense or in the defense of another person;
• The police or peace officer was not acting within the scope of their official duties;
• The police officer was off-duty, and the defendant had no reason to know they were a police officer;
• The police officer was on-duty but not in uniform, and the defendant had no reason to know they were a police officer; or
• The peace officer or police officer did not sustain serious physical injury.

Aggravated Assault on a Police Officer is a Class B felony. In New York, all Class B felony offenses are punishable by a maximum sentence of up to 25 years in jail and a fine of up to $30,000.

If you have an upcoming court date involving allegations of an Assault Against Police, reach out to the dedicated criminal defense lawyers at Tilem & Associates, P.C. At Tilem & Associates, P.C., we have decades of experience defending the rights of clients charged with serious felony offenses, including those allegedly committed against law enforcement. 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.