🤑 Harassment Charge for Spitting at Officer Is Upheld | New York Law Journal

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Because he subsequently revealed to the officers that he has HIV, Plunkett was charged with aggravated assault upon a police officer, a felony risk do not support prosecuting Mr. Plunkett under a law addressing the use of a .org/in-​court/legal-docs/plunkett_ny__decision-ny-court-of-appeals.


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nys penal law spitting on police officer

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Because he subsequently revealed to the officers that he has HIV, Plunkett was charged with aggravated assault upon a police officer, a felony risk do not support prosecuting Mr. Plunkett under a law addressing the use of a .org/in-​court/legal-docs/plunkett_ny__decision-ny-court-of-appeals.


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Article - NY Penal Law of parole or the office of mental health, or a probation department, bureau or unit or a police officer, he or she causes or attempts to.


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Because he subsequently revealed to the officers that he has HIV, Plunkett was charged with aggravated assault upon a police officer, a felony risk do not support prosecuting Mr. Plunkett under a law addressing the use of a .org/in-​court/legal-docs/plunkett_ny__decision-ny-court-of-appeals.


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Article - NY Penal Law of parole or the office of mental health, or a probation department, bureau or unit or a police officer, he or she causes or attempts to.


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Carlson, N.Y.S.2d (Crim. Ct., NY Cty., ), the defendant was charged with Aggravated Harassment in the 2nd Degree (Penal Law.


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While any type of assault is a serious crime, law enforcement considers assaulting a police officer as a particularly egregious offense. Under New York Penal.


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Davon Simmons faces one count of second-degree harassment after allegedly spitting at a New York City police officer which hit the officer's.


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A person is guilty of aggravated assault upon a police officer or a peace officer when, with intent to cause serious physical injury to a person whom he knows or​.


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Davon Simmons faces one count of second-degree harassment after allegedly spitting at a New York City police officer which hit the officer's.


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nys penal law spitting on police officer

For example if while the officer is off duty you get into a physical fight with him over a game of darts, you cannot be prosecuted for assault on a peace officer. To be convicted of assault on a peace officer the statute requires that the injury be a serious physical injury. A person is guilty of assault on a peace officer, police officer, fireman or emergency medical services professional when, with intent to prevent a peace officer, police officer, a fireman, including a fireman acting as a paramedic or emergency medical technician administering first aid in the course of performance of duty as such fireman, or an emergency medical service paramedic or emergency medical service technician, from performing a lawful duty, he causes serious physical injury to such peace officer, police officer, fireman, paramedic or technician. Member of:. Assault on a police officer is a class C felony. Another possible defense is the incident occurred at a time when the officer was not in the midst of performing his lawful duties. NY Penal Law. Arguably, the police officer did not have probable cause to "stop" the car and order the man to get out of it. However, you may face other assault charges. The police officer asked the man what he was doing. The contact form sends information by non-encrypted email, which is not secure. Justia Law Firm Website Design.{/INSERTKEYS}{/PARAGRAPH} Submit a Law Firm Client Review. Being arrested for assault on a peace officer is very serious. The police officer was unsatisfied with the man's answer. Thus, if you have been arrested for a crime related to assaulting a peace officer it is important to immediately contact someone who is familiar with the New York criminal court system. Sentence Assault on a peace officer is a class C felony. If you do have one or more prior felony convictions, the minimum sentence will be greater. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. The officer suffered severe injuries. The man gave the police officer a short, curt answer. Free Consultation: Fighting for Your Freedom. However, there may be defenses to a charge of assault on a peace officer that only an experienced practitioner will understand. A serious physical injury is an injury that creates a substantial risk of death, causes death, causes protracted disfigurement or impairment of health, or causes loss of a bodily organ. The man shifted into drive, pressed his foot down on the gas pedal, and hit the police officer. Assault on a peace officer is a class C felony. If the injury is not as serious as the statute requires, then you have a valid defense to an assault on a peace officer charge. If you are convicted you will be incarcerated for multiple years, have to pay fines and have a criminal record. Contact us at Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. {PARAGRAPH}{INSERTKEYS}While any type of assault is a serious crime, law enforcement considers assaulting a police officer as a particularly egregious offense.