If you are facing accusations of assaulting a police officer or any law enforcement official, getting immediate legal help is critical. You need an experienced Charleston assault on an officer lawyer who knows how to respond to these serious charges. The experienced assault defense attorneys at Adams & Bischoff could help you protect your rights and pursue the best possible case outcome. Contact our firm today to schedule your consultation.
Understanding Assault on an Officer Laws
State law provides enhanced penalties when alleged assault victims are law enforcement officers, firefighters, emergency medical personnel, or other protected individuals performing their official duties. The law dictates varied penalties for assault and battery against law enforcement based on severity. If there is a minor injury or no injury, the offense is considered a misdemeanor, leading to up to three years in prison. High and aggravated assault resulting in significant bodily injury is a felony, punishable by up to 20 years, with a mandatory minimum of one year.
Using a deadly weapon or firearm further increases penalties, with mandatory minimums of three to five years, eliminating probation or suspended sentences. Our defense attorneys could advise you on your specific charges and potential penalties following assault on an officer allegations.
Defense Strategies for Assault on an Officer Charges
Successfully defending against assault on officer charges in Charleston requires a thorough investigation, skilled cross-examination of law enforcement witnesses, and a willingness to challenge police testimony by experienced defense lawyers.
Self-Defense Against Excessive Force
You could use reasonable force to defend yourself against excessive police force. If officers used unnecessary force, you may be able to justify your defensive actions, supported by video, witnesses, or medical evidence. However, challenging law enforcement is difficult, as juries often tend to favor the police. Our skilled attorneys could effectively present these defenses if deemed necessary.
Lack of Knowledge of Officer Status
To convict you of assaulting an officer, prosecutors must prove you knew or should have known the person was law enforcement. If officers were in plainclothes, unidentified, or lacked insignia, you might not have known their status. This defense is beneficial in chaotic, multi-person situations. We could present evidence that you were unaware of the alleged victim’s law enforcement role.
Challenging the Extent of Injuries
For felony charges involving significant bodily injury, we could dispute whether the injuries meet the legal standard. Medical records, photos, and expert testimony could prove injuries are less severe than claimed. Officers sometimes get treatment for minor injuries to support serious charges. An Adams & Bischoff assault on an officer attorney could also partner with medical experts in Charleston to explain that the injuries do not constitute great bodily harm.
Attacking Police Conduct
If officers were not behaving lawfully when the alleged assault occurred, enhanced penalties may not be applicable, and the entire basis for the charges may be undermined. Our Charleston attack on an officer attorneys could investigate whether the police had justification for initial contact, whether the officers had the necessary legal authority for their actions, and whether they followed proper procedures.
When the initial police action is illegal, a court may later justify any resistance to that action or may constitute it as, at most, simple assault rather than the enhanced offense of assault on an officer. Our lawyers could scrutinize the legal basis for police contact and challenge arrests or detentions that violate your constitutional rights.
Even if the initial arrest was lawful, officers must use only reasonable force necessary to effectuate the arrest. If officers escalated the situation through unnecessary violence, your actions in response may have been defensive rather than assaultive. Video evidence is particularly valuable in demonstrating the use of excessive force. We obtain all available footage from body cameras, dash cameras, surveillance systems, and bystander cell phones to show what actually occurred.
Contact a Charleston Assault on an Officer Defense Attorney Today
If you need a Charleston assault on an officer lawyer who could work with persistence and dedication to protect your rights and freedom, contact Adams & Bischoff for the experienced representation you deserve and need. We look forward to hearing your story and helping you protect your rights and freedom. Reach out to us today.