![]() So, for example if a person who is attacked by an unarmed police officer responds with deadly force using a weapon, a self-defense claim will likely not be available to them. responds only with an amount of force that is reasonably necessary to save their life or be protected from great bodily harm.believes in good faith, according to a “reasonable person” standard, that their life is threatened or will suffer great bodily harm.was attacked first by the police officer. ![]() The most common defense available to a person who has committed a battery against a police officer is self-defense. Self-defense may be justified only when the defendant: Very rarely is there a valid legal excuse for a person who has committed a battery against a police officer, especially if there is a valid arrest involved. This is because the law has a great interest in protecting officers who are serving in the line of duty. Batteries against a police officer may occur more often than one would expect.Īttempts to resist arrest (even an unlawful arrest) might constitute an aggravated battery if the person intends to harm the officer during their resistance. Also remember that any offensive contact against a police officer might be considered an aggravated battery, even if it is a non-violent action.Īre There Any Defenses to a Battery of a Police Officer? An aggravated battery carries with it different sentencing consequences than a simple battery.Īggravated batteries are considered to be more serious offenses than simple batteries and will result in felony rather than misdemeanor charges. Also, aggravated batteries will result in a fine and a prison sentence which may be greater than one year. Simple batteries may also result in a fine, but the defendant may not be put in jail for more than one year. All other batteries are known as “ simple” batteries. Other types of aggravated batteries include batteries that result in great bodily harm, batteries involving the use of a weapon, or batteries against a child or a woman. ![]() ![]() Yes. If a battery is committed against a police officer, the battery is considered to be an “ aggravated battery,” or felony battery. Is a Battery Different If It Is Committed against a Police Officer? Are There Any Defenses to a Battery of a Police Officer?.Is a Battery Different If It Is Committed against a Police Officer?. ![]()
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