What are the Penalties for Assaulting a Police Officer?

What are the Penalties for Assaulting a Police Officer in New York State?

Assaulting a police officer in New York state is considered a violent felony  with the potential to land you in prison anywhere from two years, all the way to a life sentence.  In New York state, violent crimes committed against law enforcement have severe consequences, where prosecutors are likely to have very little leniency against the accused.  Although all types of assault are taken seriously by the court of law, assaults against police officers are seen as particularly problematic, particularly when they are assaulted during the course of their work.

In 2025, anyone facing this complex charge runs the risk of facing the maximum potential consequence of life in prison. These charges call for the help of an aggressive New York criminal defense lawyer.

 

What Counts as Assaulting a Police Officer or Peace Officer In New York?

Assault on a police officer is defined in New York Penal Law Article 120.08 as causing a police officer, peace officer, fireman, or emergency services professional serious physical injury with the intent of preventing them from performing their lawful duty. A serious injury is defined as an incident that causes death, near-death, impairment of health, protracted disfigurement, or the loss of a bodily organ.

New York law articulates the crime as assault on a “peace officer” to include incidents beyond traditional law enforcement, but also emergency services personnel.

This crime comes with a minimum prison sentence of just over three years in prison, with the maximum sentence being 15 years in prison. Should a client have a history of violent crime, the prison sentence could be much more than 15 years.

How Can a Police Officer Assault Occur In New York?

Many different kinds of incidents can result in a felony charge of assault on a police officer such as any incident that results in serious physical injury that prevents them from performing their duties as an officer.  This charge may include other charges as well, depending on the nature of your case.

For example, if an individual were to hit a police officer intentionally with their car after being stopped by them, causing them grave physical injury, this would likely be classified as a felony  as assault on a police officer. In cases where an officer was harmed with a weapon, your case could be considered “aggravated assault,” which could come with more severe penalties. The circumstances surrounding each case are unique, all calling for highly qualified New York assault defense attorney.

What Different Types of Assaulting a Police Officer Charges Are There?

Assault on a police officer can be divided into three different categories:

Assault in the second degree (Penal Law Code 120.05) refers to preventing an officer from performing their lawful duties by causing physical injury, defined as injury that leads to great physical pain or a physical impairment.  This is considered a class D felony

Assault on a police officer (Penal Law Code 120.08) is a more serious charge and a class C felony, in which the defendant causes death, risk of death, protracted disfigurement, loss of a bodily organ, or the serious impairment of health.

Aggravated assault on a police officer (Penal Law Code 120.11) is a class B felony and the most serious charge, and can only be made out if the assault was carried out with a dangerous instrument (for example, a vehicle) or deadly weapon (this can include, a blade, a firearm, or metal knuckles).

What Kind of Punishments Can Those Charged Expect?

Any form of assault on a police officer could result in a sentence of at least two years, and – as you would expect – this increases with the severity of the charge. The maximum sentence for assault in the second degree is seven years, with a minimum of two years in prison as it is considered a violent felony.

The maximum sentence for assault on a police officer is fifteen years, with a minimum sentence of three and a half years in prison, regardless of any prior convictions. For aggravated assault of a police officer, the minimum sentence is five years, with a maximum of 25, this can be extended to life in prison for persistent felony offenders.

Depending on the nature of your case and previous criminal history, the consequences could vary greatly between cases. Those who prosecute violent offenders will likely aggressively pursue the full penalties for such crimes, which could include monetary fines, prison time, restrictions on your ability to purchase firearms, and a lifelong criminal record that would restrict your ability to travel.

Further, a criminal record that includes a violent crime will appear on criminal background checks for many years, impacting your ability to seek employment later in life.

What Can Impact the Length of a Prison Sentence?

While assaulting a police officer in any form will lead to a possible minimum prison sentence, there are a variety of factors that can impact the length of a sentence.

For instance, with regard to assault in the second degree, no prior convictions may result in you receiving the minimum sentence of two years, prior non-violent convictions could result in at least three years, and a history of violent crime could lead to a sentencing of at least five years. If you are a persistent felony offender, assaulting a police officer could even land you a life sentence.

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What are The Defenses Against an Assault Charge Against A Police Officer?

As previously implied, the ‘lawful’ element of the definition means that any police officer assaulted must have been prevented from performing their duties. This means that if a police officer was not acting within these lawful duties that a defendant cannot be charged with assault on a police officer. However, they can, and likely will, be charged with another form of assault.

Additionally, the kind of injury that is caused can also be used as a defense. For example, if the injury a defendant has caused is not causing the officer substantial pain or physical impairment, then this can be used as a defense against the charge. Qualified criminal defense attorneys in New York have a deep understanding of the law regarding these crimes, working in your best interest while attempting to reduce the serious consequences you are facing.

What can Happen Other than a Conviction?

In addition to any convictions, anybody charged with assaulting a police officer could face paying legal fees, fines, and/or restitution to the victim or the victim’s family.

Felony assault of a police officer can incur a fine of up to $5,000, and you’ll likely need to pay fees – like a mandatory surcharge fee of $300 and a victim assistance fee. The reputational damages of being convicted of this crime are significant and could also result in your dismissal from work, loss of professional licenses, and impact your ability to parent your children.

What Happens Following a Conviction?

Regardless of the degree or category, assaulting a police officer is a violent and serious crime, and any conviction will be followed by a period of post-release supervision, ranging from a year and a half to five years. You will need to follow certain rules during this period – this may include not interacting with others with a criminal record, using illicit substances, or potential restrictions on travel.

You will likely also need to follow a strict schedule of attending school or work, keeping to a curfew, and reporting to your parole officer. Breaking any of these rules could result in being sent back to prison for a set period of time, or to carry out the remainder of your original sentence. Clients should expect that being convicted of this type of crime will come with lifelong consequences. Many details of your life could be dictated by this conviction, even decades after you have served your prison sentence.

Talk to an Assault on a Police Officer Lawyer About Your Charge Today

If you have been charged with assaulting a police officer in New York, it’s of vital importance that you speak to an experienced criminal defense attorney to understand the ramifications of this crime and protect your rights through every step of the process.

These kinds of convictions have the potential to follow you for the rest of your life. Contact the Law Offices of Julie Rendelman today, and we can arrange a free consultation to discuss the details of your case, as well as the options you can take.

The moment you are arrested or investigated for these kinds of crimes should prompt a call to a criminal defense attorney. Should you be questioned by law enforcement, politely refuse to answer further questions and ask for a lawyer immediately. We continue to address some of the needs of clients facing some of the most complex violent crimes across New York.

Do not hesitate to call or email us directly to learn more. People make mistakes, and this kind of charge requires the utmost care and dedication and should be reserved for only the most skilled and experienced attorneys in New York. This is your life at stake, and you have the legal right to hire an attorney who will work in your best interests and work to protect your livelihood for many years to come.

Contact us now to learn more and take part in an entirely free consultation.