What Makes Columbia Assault on an Officer Charges Unique

Assault on an officer is an extremely serious offense in South Carolina. The judges and prosecutors are aggressive in prosecuting these cases. Since they are serious, the likelihood of getting jail time is higher than for some other charges. It is a felony offense, and the consequences of having a felony conviction are severe.

A knowledgeable attorney could help you understand what makes Columbia assault on an officer charges unique. It is best to reach out to an experienced assault and battery on an officer attorney to learn about your legal rights and options.

What Makes Assaulting An Officer Different From Other Assault Cases?

Assaulting an officer is different from assault charges on a lay person because assault on a lay people has its own specific statutes in which it would be third-degree assault and battery, second-degree assault and battery, or first-degree assault and battery with a high and aggravated nature. This is a specific statute that goes directly to when an officer is injured while trying to serve a warrant or when someone is resisting, and an officer is assaulted.

The Way These Charges Are Prosecuted and Defended in Columbia?

What makes Columbia assault on an officer charges unique is the way law enforcement is affected. The way these cases are prosecuted and defended in Columbia court affects a police officer or a law enforcement officer from the sheriff’s department or state trooper’s office. They have the public’s presumption on how difficult it is to be a law enforcement officer, especially when they get injured during the process of doing their job. The prosecutors and judges are not very sympathetic in those cases and are harsh in sentencing these cases because it was an officer who was hurt.

If The Defendant Did Not Know The Person Has a Special Legal Position

This type of case changes if the assault was committed on an officer outside the scope of their position, even in the defendant did not know that the person had a special legal position. A person could prove from providing a defense that the person did not know this person was an officer. It is important because the statute specifically says that the person reasonably should know that the person is a law enforcement officer. If in plain clothes, they have not identified themselves as an officer, they could try to make the argument that the person would not have reasonably known that it was a law enforcement officer and that it was not a resisting arrest and does not fall under assaulting the officer statue because they did not know. If it is an unlawful arrest, a person has the legal right to resist.

How An Assault And Battery Attorney Could Help

Immediately following an arrest, individuals should seek help from an assault on an officer attorney. Those who have been charged should reach out to an assault and battery attorney to understand what makes Columbia assault on an officer charges unique. An experienced attorney will investigate the arrest, review the charges, and gather evidence to help individuals avoid the harsh consequences of a conviction.

If you have been charged with assault on an officer, get help as soon as possible. Schedule a consultation today.