How are Assault on an Officer Charges Prosecuted?
In assault on an officer cases in Maryland, prosecutors have to prove the basic elements of assault. This includes an unwanted contact with another, or attempt to contact, and that the person was in fear. If they can prove the right combination of those three, then you have what would be considered unwanted physical contact.
The attempt to make a physical contact or to frighten someone to such a degree that, in their mind, it was imminent. You did not have permission to touch them. You weren’t given any “oh, go ahead, hit me.” There was no mutual consent. It wasn’t a mutual fray. If these things are provable then they’ll win their case. Of course, they have to prove that you knew it was an officer and that was not something that would have been a mistake.
How The Government Builds APO Cases
First of all, you have to establish that this was a police officer in official uniform not plain clothes. I mean you have to know that the officer was an officer, number one. That’s the only way they can really get that part of the charge in there. Then obviously the assault aspect of it, which is the unwanted contact or attempt to contact or treat of contact rather.
They’re not very complicated cases. There’s really not a lot to them. Assaults are literally assault. Maryland made it very easy and put everything in assault under assault 1 or assault 2. Of course, the police officer assault which is also a felony.
Prosecution of APO Charges in Maryland
They’re prosecuted seriously, but no different than they would be prosecuting domestic violence case. It is against the law to touch anyone when they’re not supposed to be touched. And if it’s an officer in the line of duty doing what they’re supposed to do and you are charged with hitting or touching them, the state will take the case seriously.
You can say that the judges won’t take that into consideration, but they do in sentencing. An assault is an assault, but an assault of an officer is a little bit different. If it’s in their line of work and they’re doing what they’re supposed to be doing, then you run a risk of getting a harsh penalty.
The Process of an APO Case
If you assault an officer it is very likely that you have been arrested. If you get arrested, you’re going to be handcuffed. You’ll be booked and charged. You’ll be brought in front of the commissioner and then you’re either released on your own recognizance or on bail. Then you’re given a court date and that pretty much the process itself.