Legal Question in Criminal Law in Pennsylvania

assaulting a police officer

I was arrested for a dui, my second. During the arrest I became emotionally distraught and fell to the ground with my hands handcuffed behind me. The officer lifted me up by pulling my arms up from behind. my shoulder was injured, and I then kicked the officer. I demanded an exray of my shoulder when they took me to the hospital for blood tests. The medical report reveals that a seperation did take place between the joint and my shoulder. I am now being charged with a dui, and assaulting an officer. Will I have to go to jail? Should I fight the assault charge? What is the most likely outcome of this unfortunate event?


Asked on 10/15/00, 7:57 pm

2 Answers from Attorneys
Patrick Henigan Eckell Sparks

Re: assaulting a police officer

You are facing very serious charges and potential punishment. There a lot of factors which will go into defending your case. Get to a criminal lawyer ASAP. If you are in the Phila area please call my office.215-636-0200.

Read more
Answered on 11/07/00, 8:55 am
Patrick Carothers Sherrard, German & Kelly

Re: assaulting a police officer

Dear Sir or Madam:

The following answer is based on the facts provided and Pennsylvania law.

A conviction for a second DUI carries an automatic minimum jail sentence of 30 days and a maximum of 6 months along with a license suspension of one year and a fine of at least $300.

The assult of a police offcier is a serious charge. It could be considered either a first degree misdemeanor (the most serious misdemeanor) or a second degree felony. This could lead to more jail time. The fact that you have prior DUI convictions will not be positive in sentence review.

However, you may have defenses we should explore. Your BAC at the time of arrest will be important.

I practice in pittsburgh. Let me know if you would like to discuss this case further.

Patrick W. Carothers

Sherrard German and Kelly

412-355-0200 x6153

[email protected]

Read more
Answered on 11/07/00, 4:17 pm


Related Questions & Answers

More Criminal Law questions and answers in Pennsylvania