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Question: If I strike an officer on duty and get caught, what will be my punishment?

Answer: Striking an officer is a felony in Arizona. It is called Aggravated Assault and is classified as either a class 6, class 5 or class 2 felony, depending on the circumstances.

If the officer is not hurt and no weapon was used, the crime is considered a class 6 felony. A person convicted of a class 6 felony for the first time could be placed on probation or could go to prison for no less than 4 months and no more than 2 years. The presumptive, or usual, sentence is 1 year in prison.

If the officer is injured but no weapon was used in the crime, the offense is a class 5 felony. A person convicted of a class 5 felony for the first time could be placed on probation or could go to prison for no less than 6 months and no more than 2 1/2 years. The presumptive sentence is 1 1/2 years in prison.

If the officer's suffers a serious physical injury during the commission of the crime and no weapon was used, the offense is a class 2 felony. A persons convicted of a class 2 felony for the first time could be placed on probation or could go to prison for no less than 3 years and no more than 12 1/2 years. The presumptive sentence is 5 years in prison.

If a weapon such as a gun or knife is used in the assault against the officer, the crime is a class 2 dangerous felony. A person convicted of a class 2 dangerous felony is not eligible for probation, even if he has no prior criminal record. The person must be sentenced to prison for no less than 7 years and no more than 21 years. The presumptive sentence is 10 1/2 years in prison.
Comments
1 thru 5 of 13 comments
On 03/26/04
John from AL said:
Cops disobeying the law are subject to arrest like anyone else. The cop that drinks and drives will get a DUI if caught like any other citizen. Some cops do abuse privileges they have like speeding in thier car when not on a call, etc but for the most part cops are great people that risk thier lives for meager pay and a thankless job every day they survive. If you are so civic minded, report lawbreaking cops. They should pay just like anyone else! Get thier car number (if on duty) or tag number if off duty and call them in.
On 03/02/04
Rob from NJ said:
Some people are just stupid. Cops are special because they put their lived on the line every day for morons like yourself.
On 01/18/04
Jay from OH said:
I dont think cops should have special treatment just because they are cops they are still people.For an example a cop i seen was off duty one day and he was drinking and driving i dont see why its ok for them to but for anyone else but no they are not aloud to.
On 12/23/03
Jen from AZ said:
There is never a justifyable reason to hit/kick/punch/spit on a police officer. Control your anger because you will be charged with a felony!
On 11/14/03
Bob from AZ said:
only if the cop is abusing his/her authority. If you were trying to assault a cop because he/she was trying to arrest you for committing a crime, you should get maximum punishment because you're; 1) resisting arrest, 2)assaulting one who is enforcing the laws, thereby you are mocking the law(s).
1 thru 5 of 13 comments


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