PoliceLink

headbrer says ...

I would like to know what diffentiates, in your state, the difference between Misdemeanor and Felony Assault?

Doc,

   New Jersey has Offenses and Crimes. We have simple assault which is a disorderly or petty disorderly offense. As for Felong Assault, that is Aggravated Assault and it varies on the degree of injury and the criminal intent. And usually our wonderful Prosecutor's Office will down grade an Aggravated Assault to a DP. Also, a simple assault committed against a cop is automatically upgraded to a Crime. However again in all my years if you weren't stabbed, shot or hospitalized with severe injuries the Prosecutor's office would down grade it. It was a real popular decision with us cops as you can imagine. You just about have to kill someone here to get Agg. Assault charges filed because it's too much trouble in the PO's office to go to grand jury or trial unless it's a slam dunk. I suspect they like to keep their conviction rates up there as a badge of merit. So cops here are somewhat expendable so they keep up the numbers sham. THIS IS JUST MY PERSONAL OPINION AFTER BEING STABBED, SHOT AT AND HOSPITALIZED SEVERAL TIMES AND DOES NOT REFLECT ANY NEGATIVITY ON THE LEAD LAW ENFORCEMENT AGENCY IN MY COUNTY. (NOT!).

Gee, I wonder why that is?  (See, a question :-}} )

Gentlemen - That Sucks.

rsteade says ...

Here in Florida we have assault (the threat of physical violence) and battery (the unlawful touching of another person). Simple (misdemeanor) battery is elevated to felony status when it involves serious bodily injury or some type of weapon (aggravated battery). This explanation is simplistic and can be further expounded upon if needed.

What he said plus it upgrades to a felony if the vict is a cop, emt, firefighter, school official, over 65 yoa, etc.

hcgale says ...

rsteade says ...

Here in Florida we have assault (the threat of physical violence) and battery (the unlawful touching of another person). Simple (misdemeanor) battery is elevated to felony status when it involves serious bodily injury or some type of weapon (aggravated battery). This explanation is simplistic and can be further expounded upon if needed.

pretty much the same here in Tennessee BUT some of the judges wont allow assault on an officer.  they just keep it as assault.  they say, and i quote, "its part of our job".  so assault on an officer and assault on a civilian is the same.  upgraded to a felony with serious injury or if a weapon is used. also, with our glorious DA's office, you can pretty much guarantee that if the victim is still breathing, its getting dropped back down to a misdemeanor.

We get that too from not just the judges, but the prosecutors who refuse to file the charge because "It's part of your job".  If someone spat or hit them, then their would be a case, but since it's us, then we are required to take it.  Bitter pill to swallow

RetiredCop says ...

Doc,

However again in all my years if you weren't stabbed, shot or hospitalized with severe injuries the Prosecutor's office would down grade it. It was a real popular decision with us cops as you can imagine. You just about have to kill someone here to get Agg. Assault charges filed because it's too much trouble in the PO's office to go to grand jury or trial unless it's a slam dunk. I suspect they like to keep their conviction rates up there as a badge of merit. So cops here are somewhat expendable so they keep up the numbers sham. THIS IS JUST MY PERSONAL OPINION AFTER BEING STABBED, SHOT AT AND HOSPITALIZED SEVERAL TIMES AND DOES NOT REFLECT ANY NEGATIVITY ON THE LEAD LAW ENFORCEMENT AGENCY IN MY COUNTY. (NOT!).

Ain't that the friggin truth.  New Jersey sucks when it comes to protecting their cops.  I've been assaulted on various occasions by both suspects with and without some kind of weapon and it really doesn't matter because the prosecutor's office doesn't give two sh*ts about it.  It's bad enough to have a solid case against any scumbag get downgraded and see their charges get merged together but when we are the victim and they do it.....That's just downright horseshit!!!!   Henry, I am however glad to no it's not just in my county because all these years I thought it was just our prosecutor's office that was a waste of space and poor use of valuable oxygen.  God forbid however, let someone video one of them get a little smack back from us after they kick one of us in the head then you will see action from the P.O.'s office when they come after your job!!!  Simply Amazing.

headbrer says ...

I would like to know what diffentiates, in your state, the difference between Misdemeanor and Felony Assault?

Serious physical injury or death, or the risk of serious physical injury or death.

It all comes down to dollars...our state attorney explained it this way...we (LEO) make y-thousands of arrests each year in Palm Beach County, but I have the budget to prosecute only x-hundred of those arrests, all others must either be plead down or nolle prossed.I can only imagine that judges are under similar fiscal restraints. It starts to get aggravating after a while because you end up arresting the same people over and over again and, as an added bonus, the public is too stupid to understand this small but important salient fact of the criminal justice system so they blame us for all the criminals on the street.

well here in TX as you can digure we have Class C - Assualt by Threat/Contact adn it  goes up from there....we are one of a few counties in TX that have to "screen" all our Felony cases through or DA's Office...adn i tell ya its not hard to have a 98% conviction rate when you only accept 2% of the cases that are brought to you.........i mean seriously on one occasion an Agg Assualt With Deadly Weapon was turned away for....and this is exactly what he wrote on teh refusal...."the knife didnt go in far enough" i ask you how far is far enough...this one was about 1/2 in or more........

and on another ocassion i had a LT tell me i couldnt file on a juvenile for assaulting me in a fight cuz i had "no visible injuries" ....hows tha tofr a kick in the pants.........and i fought that lil bastard for bout 4minutes till help arrived....one big SOB for being 16..(5'11" 265lbs) oh well i guess him goin to the hospital was the LT's view of justice........

WA has 4 degrees of assault. 4th is a gross misdemeanor 1-3 are class A-C felonies.  THe level of injury determines the degree of assault or the manner in which the assault occurred (ie: an assault with a deadly weapon regardless of injury is an assault 1).  Assault 3rd is what we call the protected species.  Assaulting the Police, Bus drivers and a few other regardless of injury is a C felony (but good luck getting the prosecutor to charge that for a simple assault on an officer in some areas).  For some reason the legislature forgot to include corrections officers in that so they added custodial assault which is also a C felony.

Does simple assault on a police officer result in a definite felony charge? If a cop claims that a person, :"took a swing at them", but never connected at all (no bodily damage, period), will a prosecutor charge it as a felony or a misdemeanor?

In Alabama, it depends on how bad they where hurt. If you used a weapon and if anything was broken or if say they beat the guys leg with a bat, now he is unable to use his leg.

I know the law, there is no difference between right and wrong. In my state, North Carolina and any state I believe it is our job to put the wrongdoer in front of the judge and to be honest whatever the charge is especially misdemeanors will be pled out or reduced to a lesser charge. Before the case is even put in front of the judge, by the DA (ADA)and defense lawyer. The way we articulate what has happened in the report and in court will have alot to do with what the actual consequences for actions will be to the subject at hand. We do the best we can with what we have got.
SC