[ARCHIVED THREAD] - How long for assaulting a cop? (Page 1 of 2)
Posted: 11/20/2010 7:32:21 AM EDT
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Have a friend with 2 kids who sticks with the dead beat father, who drinks, rarely comes home.
Her cop friend was over visiting, when he came home banging on the backdoor screaming at her. Cop friend said let's call the on duty cops and let them handle. Woman cop came, found the dead bead dad hiding in the backyard. Cop friend went out there to confront him with woman cop. Dead beat dad starts fighting them both, more cops come and he gets arrested for aggrivated assault and resisting arrest. His first. Questions: How long until they typically set bond? How much do you think it would be? How long til he gets out if he doesn't get bail? What's his chances of getting convicted for a 1st account, and how long may he get? |
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I dont think you can be charged with assulting an LEO if you did not know the person was an LEO. Goes to intent........
As far as him assulting the on duty LEO, he's screwed, and rightfully so..... Sounds like a real piece of work.....hope they throw the book at him 
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Quoted: Have a friend with 2 kids who sticks with the dead beat father, who drinks, rarely comes home. Her cop friend was over visiting, when he came home banging on the backdoor screaming at her. Cop friend said let's call the on duty cops and let them handle. Woman cop came, found the dead bead dad hiding in the backyard. Cop friend went out there to confront him with woman cop. Dead beat dad starts fighting them both, more cops come and he gets arrested for aggrivated assault and resisting arrest. His first. Questions: How long until they typically set bond? How much do you think it would be? How long til he gets out if he doesn't get bail? What's his chances of getting convicted for a 1st account, and how long may he get? The answer to all of your questions is "It Depends". It depends on your state's statute(s) covering various types of resisting & assault. They should be online for you to look up. The rest of it is entirely dependent on the officers of the court. There's no set/standard answer when it comes to the court stuff. As for him being convicted, you have as good a chance tossing chicken bones or trying to read tea leaves - particularly if there's a jury involved. I've had cases (when I was an LEO) go both ways. Some you think are airtight that the jury lets the gut walk, others they convict on less solid evidence. As for sentencing, again there's no way to predict an outcome. |
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UPDATE:
This his first offense, and he got out on bond this morning. The girlfriend (mom of his kids) said when he was rolling around with the cops and grabbed the female officers gun on her belt, he had this joker like smile on his face and just looked crazy. He called her after he got out and said he doesn't care about anyone or anything any more other than killing the cop friend and he was going to hunt him down. Crazy dude, shouldn't be in public. |
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As far as him assulting the on duty LEO, he's screwed, and rightfully so.....
Depending on the location he might be screwed at all. Our DA's office drops almost all the felony "Assault on a officer" charges down to a misdemeanor. Why risk a trial when you can guarantee a guilty plea and thus boost your "conviction" numbers without actually having to argue a case? 
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In at least one courtroom here locally, the bond would be ~$1mil. The sentence in that courtroom would be whatever the officers wanted, up to 5 years for each blow on each officer. Would he be facing the same if it was a mere civilian he assaulted? Brian |
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In at least one courtroom here locally, the bond would be ~$1mil. The sentence in that courtroom would be whatever the officers wanted, up to 5 years for each blow on each officer. Would he be facing the same if it was a mere civilian he assaulted? Brian Hell, no. Police officers perform a valuable function as living symbols of Constitutional government: lethally trained and armed, they are entirely peaceable unless the law permits or demands them to be otherwise; most of them are reliably as polite and deferential as circumstances permit. IMO, hitting a policeman without a very good reason is aking to crapping on the Constitution and wiping up with the flag. There is also the question of what anybody malicious enough to attack a dangerous man swaddled in every protection of the law would do to a doctor, bus driver, or receptionist if the mood took him. Beating on policemen is bad in itself and an outward sign of a very bad heart. It should be harshly punished. |
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Have a friend with 2 kids who sticks with the dead beat father, who drinks, rarely comes home. Her cop friend was over visiting, when he came home banging on the backdoor screaming at her. Cop friend said let's call the on duty cops and let them handle. Woman cop came, found the dead bead dad hiding in the backyard. Cop friend went out there to confront him with woman cop. Dead beat dad starts fighting them both, more cops come and he gets arrested for aggrivated assault and resisting arrest. His first. Questions: How long until they typically set bond? How much do you think it would be? How long til he gets out if he doesn't get bail? What's his chances of getting convicted for a 1st account, and how long may he get? Visiting? Would "fucking" be a more accurate term? Is your cop friend married? Was your buddy getting cervix deep with a mom while her boyfriend wasn't home, and when he did come home call in his co-workers? |
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Used to, it would have been about 5 minutes of wood shampoo. 
No fan of LE but I often agree that this still should be, sometimes a beating is just more effective Of course I have heard of people being charged with assault on LE for incidental contact too. |
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In at least one courtroom here locally, the bond would be ~$1mil. The sentence in that courtroom would be whatever the officers wanted, up to 5 years for each blow on each officer. Would he be facing the same if it was a mere civilian he assaulted? Brian Hell, no. Police officers perform a valuable function as living symbols of Constitutional government: lethally trained and armed, they are entirely peaceable unless the law permits or demands them to be otherwise; most of them are reliably as polite and deferential as circumstances permit. IMO, hitting a policeman without a very good reason is aking to crapping on the Constitution and wiping up with the flag. There is also the question of what anybody malicious enough to attack a dangerous man swaddled in every protection of the law would do to a doctor, bus driver, or receptionist if the mood took him. Beating on policemen is bad in itself and an outward sign of a very bad heart. It should be harshly punished. Did you read the "assaulting a nurse in NY is now a felony" thread? Lots of chest thumping about some animals are more equal than others...... Brian |
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UPDATE: This his first offense, and he got out on bond this morning. The girlfriend (mom of his kids) said when he was rolling around with the cops and grabbed the female officers gun on her belt, he had this joker like smile on his face and just looked crazy. He called her after he got out and said he doesn't care about anyone or anything any more other than killing the cop friend and he was going to hunt him down. Crazy dude, shouldn't be in public. This story isn't going to have a happy ending for him. |
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Have a friend with 2 kids who sticks with the dead beat father, who drinks, rarely comes home. Her cop friend was over visiting, when he came home banging on the backdoor screaming at her. Cop friend said let's call the on duty cops and let them handle. Woman cop came, found the dead bead dad hiding in the backyard. Cop friend went out there to confront him with woman cop. Dead beat dad starts fighting them both, more cops come and he gets arrested for aggrivated assault and resisting arrest. His first. Questions: How long until they typically set bond? How much do you think it would be? How long til he gets out if he doesn't get bail? What's his chances of getting convicted for a 1st account, and how long may he get? Visiting? Would "fucking" be a more accurate term? Is your cop friend married? Was your buddy getting cervix deep with a mom while her boyfriend wasn't home, and when he did come home call in his co-workers? Why does it matter if it was a cop fucking the woman? Dead beat would have reacted the same to the guy being there and if the cops were called would have still been a dumbass. Brian |
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Used to, it would have been about 5 minutes of wood shampoo.
No fan of LE but I often agree that this still should be, sometimes a beating is just more effective Of course I have heard of people being charged with assault on LE for incidental contact too. Charged or convicted? Brian |
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As far as him assulting the on duty LEO, he's screwed, and rightfully so.....
Depending on the location he might be screwed at all. Our DA's office drops almost all the felony "Assault on a officer" charges down to a misdemeanor. Sounds like its time to vote in a new DA........ 
Sounds like its time to move out of NY 
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In at least one courtroom here locally, the bond would be ~$1mil. The sentence in that courtroom would be whatever the officers wanted, up to 5 years for each blow on each officer. Would he be facing the same if it was a mere civilian he assaulted? Brian Hell, no. Police officers perform a valuable function as living symbols of Constitutional government: lethally trained and armed, they are entirely peaceable unless the law permits or demands them to be otherwise; most of them are reliably as polite and deferential as circumstances permit. IMO, hitting a policeman without a very good reason is aking to crapping on the Constitution and wiping up with the flag. There is also the question of what anybody malicious enough to attack a dangerous man swaddled in every protection of the law would do to a doctor, bus driver, or receptionist if the mood took him. Beating on policemen is bad in itself and an outward sign of a very bad heart. It should be harshly punished. Did you read the "assaulting a nurse in NY is now a felony" thread? Lots of chest thumping about some animals are more equal than others...... Brian I wrote quite a lot in it. On the "chest-beating" side. I pretty much draw the line with the police. I am not sure at all that hitting even judges (off the bench) should mean any bigger penalty than hitting the shoeshine boy. To me, the question is whether the attack represents an attack on something bigger than the individual, and whether it identifies the attacker as a bigger danger than the average pissed-off, violent man. I'd be hard pressed to see anybody but John Law qualifying for the extra protection/punishment. |
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Have a friend with 2 kids who sticks with the dead beat father, who drinks, rarely comes home. Her cop friend was over visiting, when he came home banging on the backdoor screaming at her. Cop friend said let's call the on duty cops and let them handle. Woman cop came, found the dead bead dad hiding in the backyard. Cop friend went out there to confront him with woman cop. Dead beat dad starts fighting them both, more cops come and he gets arrested for aggrivated assault and resisting arrest. His first. Questions: How long until they typically set bond? How much do you think it would be? How long til he gets out if he doesn't get bail? What's his chances of getting convicted for a 1st account, and how long may he get? Visiting? Would "fucking" be a more accurate term? Is your cop friend married? Was your buddy getting cervix deep with a mom while her boyfriend wasn't home, and when he did come home call in his co-workers? Why does it matter if it was a cop fucking the woman? Dead beat would have reacted the same to the guy being there and if the cops were called would have still been a dumbass. Brian Because the responding cop's reaction time/attitude/taking of sides is going to be a lot different when its an off duty buddy getting a piece of ass then when its joe blow. |
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Used to, it would have been about 5 minutes of wood shampoo.
No fan of LE but I often agree that this still should be, sometimes a beating is just more effective Of course I have heard of people being charged with assault on LE for incidental contact too. Charged or convicted? Brian Those incidents are usually purely booking charges, to insure that the guy gets a high enough bond to cool off/sober up. Almost invariably, the cop tells the prosecutor that he doesn't care to have the case pushed. |
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In at least one courtroom here locally, the bond would be ~$1mil. The sentence in that courtroom would be whatever the officers wanted, up to 5 years for each blow on each officer. Would he be facing the same if it was a mere civilian he assaulted? Brian Hell, no. Police officers perform a valuable function as living symbols of Constitutional government: lethally trained and armed, they are entirely peaceable unless the law permits or demands them to be otherwise; most of them are reliably as polite and deferential as circumstances permit. IMO, hitting a policeman without a very good reason is aking to crapping on the Constitution and wiping up with the flag. There is also the question of what anybody malicious enough to attack a dangerous man swaddled in every protection of the law would do to a doctor, bus driver, or receptionist if the mood took him. Beating on policemen is bad in itself and an outward sign of a very bad heart. It should be harshly punished. Did you read the "assaulting a nurse in NY is now a felony" thread? Lots of chest thumping about some animals are more equal than others...... Brian I wrote quite a lot in it. On the "chest-beating" side. I pretty much draw the line with the police. I am not sure at all that hitting even judges (off the bench) should mean any bigger penalty than hitting the shoeshine boy. To me, the question is whether the attack represents an attack on something bigger than the individual, and whether it identifies the attacker as a bigger danger than the average pissed-off, violent man. I'd be hard pressed to see anybody but John Law qualifying for the extra protection/punishment. I see your point and will say it should be a case by case decision for the most part. Brian |
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Have a friend with 2 kids who sticks with the dead beat father, who drinks, rarely comes home. Her cop friend was over visiting, when he came home banging on the backdoor screaming at her. Cop friend said let's call the on duty cops and let them handle. Woman cop came, found the dead bead dad hiding in the backyard. Cop friend went out there to confront him with woman cop. Dead beat dad starts fighting them both, more cops come and he gets arrested for aggrivated assault and resisting arrest. His first. Questions: How long until they typically set bond? How much do you think it would be? How long til he gets out if he doesn't get bail? What's his chances of getting convicted for a 1st account, and how long may he get? Visiting? Would "fucking" be a more accurate term? Is your cop friend married? Was your buddy getting cervix deep with a mom while her boyfriend wasn't home, and when he did come home call in his co-workers? Why does it matter if it was a cop fucking the woman? Dead beat would have reacted the same to the guy being there and if the cops were called would have still been a dumbass. Brian Because the responding cop's reaction time/attitude/taking of sides is going to be a lot different when its an off duty buddy getting a piece of ass then when its joe blow. I'm guessing in this case it didn't really matter although I do see where you're coming from. Brian |
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Over visiting? Not sure about y'all but I'm not sure I'd be ok with my wife having guy "friends" over visiting while I wasn't home. I'm pretty sure I'd respond by attempting to beat the piss out of the guy "friends" regardless of their occupation. Just my .02 I didn't get the impression that the OP's lady friend is married to the dead beat father. Brian |
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Over visiting? Not sure about y'all but I'm not sure I'd be ok with my wife having guy "friends" over visiting while I wasn't home. I'm pretty sure I'd respond by attempting to beat the piss out of the guy "friends" regardless of their occupation. Just my .02 I didn't get the impression that the OP's lady friend is married to the dead beat father. Brian Nor did I, but I don't think the cop was there to hang Christmas lights either. |
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Did you read the "assaulting a nurse in NY is now a felony" thread? Lots of chest thumping about some animals are more equal than others...... Brian I wrote quite a lot in it. On the "chest-beating" side. I pretty much draw the line with the police. I am not sure at all that hitting even judges (off the bench) should mean any bigger penalty than hitting the shoeshine boy. To me, the question is whether the attack represents an attack on something bigger than the individual, and whether it identifies the attacker as a bigger danger than the average pissed-off, violent man. I'd be hard pressed to see anybody but John Law qualifying for the extra protection/punishment. I see your point and will say it should be a case by case decision for the most part.
Brian It is valid to ask whether the blow was struck in consequence of an official act while the victim was actively occupying an official position. I think that is properly a sentencing issue. With LEOs, it's almost always going to be "Yes, and yes." |
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For fucks sake, read the fucking post, people. He assaulted a uniformed, on duty cop, who was responding to a call. 
And that's ALL there is to it? The possibility of "his" side of the story being a whole lot different than "her" side on this one is big enough to drive a truck through. I REALLY want to know if the off duty is married or not. |
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Quoted: Quoted: For fucks sake, read the fucking post, people. He assaulted a uniformed, on duty cop, who was responding to a call. And that's ALL there is to it? The possibility of "his" side of the story being a whole lot different than "her" side on this one is big enough to drive a truck through. I REALLY want to know if the off duty is married or not. YEAH, that's ALL there is to it. The duty wasn't fucking her, now was she? I can see beating the piss out of the off duty that was sitting in the living room... but it's no cause for assault on a clearly uniformed officer. Or is it?
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Over visiting? Not sure about y'all but I'm not sure I'd be ok with my wife having guy "friends" over visiting while I wasn't home. I'm pretty sure I'd respond by attempting to beat the piss out of the guy "friends" regardless of their occupation. Just my .02 I didn't get the impression that the OP's lady friend is married to the dead beat father. Brian Nor did I, but I don't think the cop was there to hang Christmas lights either. I did. "sticks with the dead beat father, who drinks, rarely comes home" |
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For fucks sake, read the fucking post, people. He assaulted a uniformed, on duty cop, who was responding to a call.
And that's ALL there is to it? The possibility of "his" side of the story being a whole lot different than "her" side on this one is big enough to drive a truck through. I REALLY want to know if the off duty is married or not. His side vs her side doesn't really matter when it comes to physically assaulting the uniformed officer. The cop being married or not, or fucking the OP's friend doesn't really matter either - fighting uniformed officers is not a winning strategy 99.9% of the time. Brian |
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Over visiting? Not sure about y'all but I'm not sure I'd be ok with my wife having guy "friends" over visiting while I wasn't home. I'm pretty sure I'd respond by attempting to beat the piss out of the guy "friends" regardless of their occupation. Just my .02 I didn't get the impression that the OP's lady friend is married to the dead beat father. Brian Nor did I, but I don't think the cop was there to hang Christmas lights either. I did. "sticks with the dead beat father, who drinks, rarely comes home" I don't know any married guys (that still live in the house) that knock/beat on the back door instead of unlocking it...... Brian |
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Over visiting? Not sure about y'all but I'm not sure I'd be ok with my wife having guy "friends" over visiting while I wasn't home. I'm pretty sure I'd respond by attempting to beat the piss out of the guy "friends" regardless of their occupation. Just my .02 I didn't get the impression that the OP's lady friend is married to the dead beat father. Brian Nor did I, but I don't think the cop was there to hang Christmas lights either. I did. "sticks with the dead beat father, who drinks, rarely comes home" I don't know any married guys (that still live in the house) that knock/beat on the back door instead of unlocking it...... Brian Unless he was too plastered to pass the key / lock dexterity test. |
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For fucks sake, read the fucking post, people. He assaulted a uniformed, on duty cop, who was responding to a call.
And that's ALL there is to it? The possibility of "his" side of the story being a whole lot different than "her" side on this one is big enough to drive a truck through. I REALLY want to know if the off duty is married or not. His side vs her side doesn't really matter when it comes to physically assaulting the uniformed officer. The cop being married or not, or fucking the OP's friend doesn't really matter either - fighting uniformed officers is not a winning strategy 99.9% of the time. Brian If it happened. We've got a 2x baby mama, with a cop that "visits" during the day, giving her version of the events to another male friend, that posts it on the internet. The prosecution rests. |
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Over visiting? Not sure about y'all but I'm not sure I'd be ok with my wife having guy "friends" over visiting while I wasn't home. I'm pretty sure I'd respond by attempting to beat the piss out of the guy "friends" regardless of their occupation. Just my .02 I didn't get the impression that the OP's lady friend is married to the dead beat father. Brian Nor did I, but I don't think the cop was there to hang Christmas lights either. I did. "sticks with the dead beat father, who drinks, rarely comes home" I don't know any married guys (that still live in the house) that knock/beat on the back door instead of unlocking it...... Brian Unless he was too plastered to pass the key / lock dexterity test. Or the "not her car" in the driveway played a part in which door he chose to use. |