What Should I Expect From Assault on an Officer Charges?
What someone should expect from assault on an officer charges is no different than anyone going in for an assault case. You expect to go in. You expect the state’s attorney to be present here. The officer is not only present as a witness but as a victim as well. There are usually other officers as well. If they have any video, any audios available they’ll bring that with them.
Penalties for an Assault on an Officer Offense
Again, you’re looking at the Maryland Criminal Code section 3-203, which has multiple sections about assault in the second degree. There are specifics with regard to a law enforcement officer, any type of physical injury or impairment that can be recognized from that particular assault, as to what could go on there, and the penalties can increase from there. Then, you’re facing the max on penalty of 10 years in jail and a $5,000 fine and you’re guilty of a felony, not a misdemeanor.
Generally, assault in the second degree is simply just a misdemeanor. Here it is not. You’re under the 3203 which is assault in the second degree but here into now 10 years and a fine, a $2,500 fine as misdemeanor. You’re not facing the enhanced penalty of felony 10 years and a $5,000 fine.
The long term ramifications include the fact that you have a prior for assaulting an officer. If you get in trouble again and you go back to court and they’re looking at priors and you say I do have a prior, they’ll ask what kind. By having an assault of a police officer on your record, it can definitely work against you in the future.
Alternative Sentencing in APO Cases
The anger management course is always out there. If there was no significant injury then maybe you can get that. They do some anger management and then you can work it to earn a certificate. You can get probation before a judgment. Is it a guarantee? Absolutely not. It’s not a guarantee at all.
Eligibility for Probation
Your record has a lot to do with whether an anger management course will result in PBJ. If you got good clean record and this is the first time you are facing serious charges, then that is a benefit. If the only other brushes with the judiciary are traffic-related that’s good as well. But if you’ve got priors that have to do with assault, disorderly conduct, or failure to obey, then that doesn’t look good. If you got priors for DUI, anything alcohol or drug related, then doesn’t look good either. None of it looks good and the state’s attorney will interpret it that way.