What will happen to my boyfriend after he assaulted a police officer? 43 Answers as of August 31, 2011

My boyfriend and I got in an argument at a hotel last night. He trashed the hotel causing $1,400 of damage. He was drunk. The police were called and when they arrested him he head butted the woman officer. He is being held in the police station. What is going to happen to him?

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Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
On top of possibly being charged and held responsible for the damage to the hotel, he will probably be charged with assaulting a police officer which is a felony. These are serious charges which means he faces possible prison time. Seek out legal counsel.
Answer Applies to: Michigan
Replied: 8/31/2011
The Law Office of B. Elaine Jones
The Law Office of B. Elaine Jones | B. Elaine Jones
He will probably be charged with criminal mischief, disorderly conduct, and battery on a law enforcement officer. If he has no prior record they should set a bond. If they don't he should get a lawyer to request one. If you need my assistance please feel free to contact me at my email address or telephone number that is attached to this email.
Answer Applies to: Florida
Replied: 2/3/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
If he is not released on OR bail will be set if you pay the bail he meets bail there will be a court date within the a month. If he is still in custody the court date will be within 72 hours. At the arrangement He can plead guilty or not guilty. If he pleads guilty he will go to county jail, or state prison. If he pleads not guilty. The case will move on to a Preliminary And on to trial! At any time during this process he will be offered a plea bargain. If he does not the Except. plea bargain he will go to trial.
Answer Applies to: California
Replied: 2/3/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
He is going to be charged with Assault in the Second Degree or Assault in the third degree depending on the injuries to the officer. If she had to receive medical attention that the Assault 2nd is a Class C Felony which is one year and a day to ten years. If it is Assault 3rd, he could be held in the County Jail for up to one year.
Answer Applies to: Alabama
Replied: 2/3/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
In New York an assault on a police officer is a felony charge that will often be reduced to an A Misdemeanor if the officer was not injured seriously and the person does not have a record. If the officer was injured the DA will not offer a reduction to a Misdemeanor. If he has a prior felony within 10 years a second felony conviction requires a mandatory jail sentence. The jail term will usually be 1 and 1/3 to 4 years in a state prison. He will be eligible for parole in 1 and 1/3 years in prison. If it is a second violent offense he will be sentenced to a definite term of 5 or 6 years with no time off the sentence. Violent felony offenses are sentenced as a definite sentence of a period of years such as 6, 7, or 8 years, with 3 or 5 years of supervised release after the prison term. The hotel damage is a felony offense which carries a jail term of up to 4 years, but it will likely be a concurrent sentence that will run along with the sentence for the assault. An experienced attorney who knows the police and DA will usually be able to plead the case to an A Misdemeanor and get the judge to sentence him to 3 years probation unless he has a bad criminal record. If he has a bad criminal record he may still be able to get a plea to the A Misdemeanor with a six month or 1 year sentence in a local jail and avoid a state prison term. Feel free to call me anytime for a consultation.
Answer Applies to: New York
Replied: 2/2/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    He could face charges of Assault or Battery to a Police Officer. Both are class A misdemeanor charges. If there was severe injury he could face an Aggravated charge which would be a Felony.
    Answer Applies to: Kansas
    Replied: 2/2/2011
    Smith & John
    Smith & John | Kenneth Craig Smith, Jr.
    He will probably be charged with battery of an officer and I would expect that the prosecutor will want jail time. He needs to hire a lawyer to mitigate his exposure.
    Answer Applies to: Louisiana
    Replied: 2/2/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    He is going to jail and will be held until someone posts bail for him. Then he will be charged with one or more criminal offenses ranging from felony assault on a police officer to misdemeanor resisting arrest with a number of other possibilities in the middle including felony vandalism. You might want to find out from the jail what his bail is and help him to bail out so that he can have his case evaluated.
    Answer Applies to: California
    Replied: 2/2/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Your boyfriend may be facing a simple battery or aggravated battery charge, depending on whether the officer wants it charged as a felony (Agg. Battery) or misdemeanor. the penalties are entirely different in each case, he is in big trouble if charged with the felony. If the hotel wishes, he can also be charged with criminal damage to property, as a felony or misdemeanor. Misdemeanors usually do not result in jail time, or if jail is imposed, it can be up to 364 days. A felony, on the other hand, can be cause for prison for 3-7 years. Much depends on whether your friend has a criminal record and the seriousness of injury to the officer. I would be happy to discuss this matter further if you wish to call me.
    Answer Applies to: Illinois
    Replied: 2/2/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    The police will have him charged with aggravated assault for hitting the police officer if she suffered any serious bodily injury Misdemeanor assault if not plus felony vandalism and perhaps assault if he hit you or threatened you.
    Answer Applies to: Tennessee
    Replied: 2/2/2011
    Avioli Law, P.C.
    Avioli Law, P.C. | Michael Avioli
    He will be charged with felony assault of officer and domestic violence- all felonies plus felony property damage over 750. He needs quality legal rep now!
    Answer Applies to: Missouri
    Replied: 2/2/2011
    Anderson & Carnahan
    Anderson & Carnahan | Stephen Anderson
    He will be facing an assault on a peace officer; possibly domestic violence and harassment against you and criminal mischief. Since the amount is over $1,000.00 he will be arraigned for a felony. You need to talk to an attorney soon, the Assault has mandatory jail.
    Answer Applies to: Colorado
    Replied: 2/2/2011
    Law Office of Craig E. Gibbs
    Law Office of Craig E. Gibbs | Craig Gibbs
    He will probably be charged with felony criminal damage and battery on a police officer.
    Answer Applies to: Louisiana
    Replied: 2/2/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    There are a variety of charges which he could be facing as a result. These include resisting arrest, obstruction of justice, disturbing the peace, and criminal property damage. Additionally if the officer was injured and incurs any medical expenses there is the possibility that a civil lawsuit will be filed against him. Due to the potentially serious nature of all of these charges, it is extremely important that he hire an attorney as soon as possible. It may be possible to have the criminal charges reduced and/or dismissed in return for a settlement with the hotel. All cases are different but if you are seeking legal representation in the state of Louisiana in this matter, we invite you to contact our firm at the information provided on this page for a free case evaluation.
    Answer Applies to: Louisiana
    Replied: 2/2/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Your boyfriend is likely to be held on a felony for assaulting a police office. He needs a good attorney to help, the alcohol may have been the controlling factor in his assault on the cop.
    Answer Applies to: Nebraska
    Replied: 2/2/2011
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    He will see a judge the next morning to set bond. After bond is set he will be formerly charged. Most likely with a felony for the property damage since it is more than $1,000 and a felony for assaulting the officer if he caused any bodily injury. After that a trial will be scheduled. He can enter a plea or proceed to trial. You will need to get discovery and negotiate with the prosecutor before you would decide whether to enter a plea or go to trial.
    Answer Applies to: Montana
    Replied: 2/2/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    First this response is general information only and does not establish an attorney client relationship. However your boyfriend will most likely be charged with a assault and probably resisting arrest and maybe other charges. These are serious charges and it may be more serious if the officer is seriously injured. He needs to hire an attorney.
    Answer Applies to: New York
    Replied: 2/2/2011
    Ron Graham Attorney at Law
    Ron Graham Attorney at Law | Ron Graham
    The charge will be felony assault on a police officer.
    Answer Applies to: Ohio
    Replied: 2/2/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    He faces both potential felony and misdemeanor charges for the assault on a polic officer. As a former prosecutor and currently, as an Augusta, Georgia defense attorney, I would encourage you to consult with an experienced criminal lawyer to represent him and to seek a bond. We at The Goolsby Law Firm, LLC represent accused people in state and federal courts in the Augusta, GA area. Good luck!
    Answer Applies to: Georgia
    Replied: 2/2/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    He could face several different charges, including felony obstruction of a police officer and criminal damage to property. Depending on what charges are brought and the policies of the county he is arrested in, either bond will be set according to the sheriff's schedule or a preliminary hearing will be held in a week or two. I suggest you contact a criminal defense attorney in the county he is being held in. If bond is not initially set it is sometimes possible to negotiate with the DA for a bond rather than waiting around for the preliminary hearing. Good luck to you.
    Answer Applies to: Georgia
    Replied: 2/2/2011
    Tomas M. Flores, Esq.
    Tomas M. Flores, Esq. | Tomas M. Flores
    Yikes - headbutted a police officer? That's not good. Chances are he will be charged under California Penal Code 69, or PC69: "Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law, or who knowingly resists, by the use of force or violence, such officer, in the performance of his duty, is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the state prison, or in a county jail not exceeding one year, or by both such fine and imprisonment." There's also the battery, ADW, GBI, and other felony enhancements that could be filed against your boyfriend. Plus, you have the restitution issue to pay for the officer's injuries. I would suggest talking to an attorney very soon.
    Answer Applies to: California
    Replied: 2/1/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    He will likely be booked into the county jail. He should appear in front of a judge with 72 hours. He will likely be charged with Assault 3 and Malicious Mischief 2 both felonies. Depending on what you told the cops, he may also be charged with Assault 4 domestic violence. When he appears before the judge, the judge will decide what conditions to put on him including bail. I have had good luck with Reagan Bail Bonds in Vancouver. If your boyfriend has any questions, he can call me and I will be happy to speak with hum.
    Answer Applies to: Washington
    Replied: 2/1/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    In the State of Oregon, he could be charged with a class C felony of assaulting a public safety officer. This is punishable by a maximum of five years in prison, though depending on your boyfriend's criminal record, he may just get probation. There are a great many variables to consider. Your boyfriend needs to consult with counsel, whether court appointed or retained.
    Answer Applies to: Oregon
    Replied: 2/1/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    He will probably be charged with felony assault of a peace officer which carries a heavier charge than regular assault. In addition, he can be charged with felony destruction of property among other charges including public drunkenness. He should get a lawyer to negotiate a plea and help reduce his jail time. Based on these facts, he is looking at jail time.
    Answer Applies to: Pennsylvania
    Replied: 2/1/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    He could be charged with a peace disturbance or even a domestic assault for the incidents leading up to the police arriving. He could also be charged with criminal property damage. After assaulting the police woman, he will likely be charged with Resisting Arrest and Assault of a Law Enforcement Officer in the 3nd degree. Because law enforcement was involved and because he was drunk, the prosecutor will probably look for a way to charge him with a felony.
    Answer Applies to: Missouri
    Replied: 2/1/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    In Oregon, where I practice he would likely be charged with Assault on a Public Safety Officer, a Class C felony. Depending on what his prior criminal history is (if he has any) he could be looking at something between three years probation to 30 months in prison. He also may be charged with crimes relating to the damage to the hotel room and possibly some sort of domestic violence charge if you and he did something more than argue with each other. When and if he gets released he should get into alcohol treatment asap. It will look better to a judge!
    Answer Applies to: Oregon
    Replied: 2/1/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    He is going to spend some time in jail, then the prosecutor will offer him some prison time. You will find a new boyfriend, and everyone will move on.
    Answer Applies to: Georgia
    Replied: 2/1/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    It depends what they charge him with exactly - but if it is 2nd degree assault on an officer it is pretty serious. Getting him hooked up with a lawyer sooner than later is a good idea.
    Answer Applies to: Colorado
    Replied: 2/1/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    He will be charged with at least one felony (assaulting an officer), maybe two depending on how much damage he caused. Contact a lawyer immediately.
    Answer Applies to: Nebraska
    Replied: 2/1/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    I would expect that he will be charged with vandalism. Probably as a felony. That carries a potential state prison sentence. He may also be charged with assaulting a peace officer. The nature of that probably depends on what happened to the office, your boy friends criminal history and the personality of the DA. He needs a good attorney to help him resolve his issues.
    Answer Applies to: California
    Replied: 2/1/2011
    Law Offices of Lawrence Wolf
    Law Offices of Lawrence Wolf | Lawrence Wolf
    First you need to get him out of jail ASAP Then we can work on his defense.
    Answer Applies to: California
    Replied: 2/1/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    By now you already know what happened. Arrest. On several charges, including but not limited to, domestic violence, resisting arrest, assault on a police officer. He is going to be lucky to get out of jail without substantial bruises incurred in falls in jail. Contempt of cop carries substantial penalties. Its not too bright to hit a cop.

    Here is what I tell defendants:

    When charged with a felony, you potentially face one or more years in prison time if convicted. When charged with a misdemeanor, you face up to 6-12 months in jail. On each charge. Effective plea-bargaining, using whatever defenses and sympathies you may have, could possibly keep you out of jail/prison, or at least dramatically reduce it, depending upon all the facts and evidence. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict you.

    If serious about hiring defense counsel, feel free to contact me. BTW: you should save your money; instead of spending it on bail, to hire an attorney who may be able to get you out at your first court appearance, arraignment, on your Own Recognizance, or on reduced bail. That is a lesson always learned too late.
    Answer Applies to: California
    Replied: 2/1/2011
    The Law Offices of Jason Chan
    The Law Offices of Jason Chan | Jason Chan
    He will probably be charged with assault and battery on a police officer and resisting arrest. Depending on the facts he may be facing several other charges.
    Answer Applies to: Massachusetts
    Replied: 2/1/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    He will likely be charged with a felony assault. Obstruction of process and criminal damage to property. The charges are serious. He should hire aggressive legal counsel.
    Answer Applies to: Minnesota
    Replied: 2/1/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    He will no doubt be charged with resisting arrest as well as assault on a peace officer and everything else they can think of. Judges don't like folks who assault cops. Being loaded is not a defense. Either get him a lawyer or get you a new boyfriend as you want one with more sense than this guy.
    Answer Applies to: California
    Replied: 2/1/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    Your boyfriend is likely facing several felony charges. He may be charged with domestic violence, vandalism, resisting/obstructing/delaying a peace officer, battery, and possibly other charges. This is a very serious matter and should be treated as such. He may be facing time in the state prison for these charges but a good attorney may be able to plea bargain for something better.
    Answer Applies to: California
    Replied: 2/1/2011
    Bruce H. Lehr, P.A.
    Bruce H. Lehr, P.A. | Bruce H. Lehr
    He is facing felony criminal mischief, disorderly intoxication and battery on a law enforcement officer. Most counties in Florida will give jail time for these charges. If he has no priors then he should immediately get into alcohol treatment to impress the Judge and prosecutor.
    Answer Applies to: Florida
    Replied: 2/1/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    He's probably going to face felony charges. The vandalism amount is definitely in the range where a felony could be filed against him and if there was any thought of only filing a misdemeanor, the head butt probably sealed the deal for him. The battery on the officer could also be either a felony or a misdemeanor. If the officer was injured in any way, your boyfriend is going to face additional felony charges. He needs representation by a good criminal defense attorney ASAP.
    Answer Applies to: California
    Replied: 2/1/2011
    Law Office of Gregory W. Fox
    Law Office of Gregory W. Fox | Gregory W. Fox
    Depending on all of the facts and circumstances surrounding the incident, it is likely that the district attorney's office will file charges against your boyfriend. You should consider contacting an attorney who can assist your boyfriend in the event charges are filed.
    Answer Applies to: California
    Replied: 2/1/2011
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