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Thread: Is assaulting an officer actually punished?

  1. #1
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    Is assaulting an officer actually punished?

    I've always wondered, is this really something people are actually punished for, or is it a "tack-on" if they ARE arrested, and usually dropped in the bargaining of the court-room?

    Now, I don't mean attacking an officer with a weapon or something, I mean spitting on them/at them when drunk, scuffling a bit as the perp is cuffed, screaming in their face, petty nonsense like that? I know it is taken into account, etc. but is it actually something you can point to later and say "See, they paid XXX in time/fine for XXX action here..."

    Or is the being screamed at, spit at, etc. just considered part of the job like it is in other professions?

  2. #2
    Member iWander's Avatar
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    Part of the job. It shouldn't be but it is. Don't like it and can't take it, be a firefighter where everyone loves you.

  3. #3
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    Quote Originally Posted by Unobtanium View Post
    I've always wondered, is this really something people are actually punished for, or is it a "tack-on" if they ARE arrested, and usually dropped in the bargaining of the court-room?

    Now, I don't mean attacking an officer with a weapon or something, I mean spitting on them/at them when drunk, scuffling a bit as the perp is cuffed, screaming in their face, petty nonsense like that? I know it is taken into account, etc. but is it actually something you can point to later and say "See, they paid XXX in time/fine for XXX action here..."

    Or is the being screamed at, spit at, etc. just considered part of the job like it is in other professions?
    Like every thing in the criminal justice system the answer is "it depends."

    Screaming or verbal abuse ? - no. It is part of the job. The exception would be specifically artuculated threats.

    For practical purposes prosecuting an assault on an officer normally requires some type of physical injury.

    Spitting on an officer is normally a misdemeanor assault.

    You'd have to define "Scuffling" but my understanding of the term would be more in line with resisting arrest.

  4. #4
    Modding this sack of shit BehindBlueI's's Avatar
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    Depends. The other charges, jail crowding, the prosecutor, the arrested person's record, how bad the assault was, etc all can change the answer.

  5. #5
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    Makes sense. I was just curious. As to "scuffling", I mean twisting, yanking, etc. trying to resist being cuffed, not actually attacking etc. as in delivering directed strikes.

  6. #6
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    It's part of the job. Unless you get hurt enough to miss days from work. Once I arrested a drunk who tried to push me down a flight of stairs. The prosecutor told me me he was dropping the felony because I was too big if we went to trial.

  7. #7
    Nah, minor stuff like that rolls off most of our backs. That kind of stuff is covered under misdemeanor "resisting arrest" here in Alabama.

    Now actively fighting or landing blows on one of us......that gets felony charges here that are usually busted down to misdemeanors on plea deals.

    I've had two or three that I charged over the years. One tore my uniform shirt (badge went flying, insignia flying, etc) and had grabbed on to my holstered Beretta enough to make the mag come unseated about half way. I don't think it was a disarm attempt but once I realized what his left hand had a hold of I unleashed on him in a ground and pound session. He let go and got cuffed up.

    The jail notified my sergeant who had to come take pics of the dude's face and I had to cover the techniques I used in my arrest report. That guy got charged but I am not sure what the disposition was. Doubtful the felony stuck but the elements of the crime were there.

    We had an officer suffer a pretty good beat down recently that required corrective surgery to his face. I'm sure that felony charge will stick. So yeah, like the poster stated above.....it depends.

    Regards.
    Last edited by lwt16; 09-04-2017 at 06:52 AM.

  8. #8
    banana republican blues's Avatar
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    Certainly mileage varies in this arena. One of my old partners up in NYC was asked to go out and help conduct a background investigation for some new hires about to be brought on board.

    A neighbor of one of the candidates he was inquiring about held him at gunpoint for hours in his residence claiming he "knew why he was there".

    Nobody wondered where he was as it was used as a "go homer" so he could get out of 26 Federal Plaza early and make his way out to "the Island" early and beat traffic.

    He talked his way out after being held for hours and neither the U.S. Attorney's office nor the county D.A. pressed charges.

    Left a very bitter taste behind.
    There's nothing civil about this war.

    Read: Harrison Bergeron

  9. #9
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    I fought a guy over 3 city blocks. He had 21 warrants for his arrest. He separated my shoulder and busted my lip. He got 10 years probation.

    A guy shot 18 rounds of 7.62x39 at our team 9 hours after we made first contact with him. He was charged with 6 counts of agg assault on a PO. He got 6 6 year sentences, to be served concurrently, of which he only has to do 50% if he has good behavior.


    So .... no.

  10. #10
    banana republican blues's Avatar
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    I didn't get into the donnybrooks that uniform patrol officers do on a much more routine basis...but none of my "scuffles" resulted in additional charges being sought.
    There's nothing civil about this war.

    Read: Harrison Bergeron

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