N.Y. In Los Angeles County, any assault or battery against a police officer or emergency personnel is considered a serious matter. For more information, see PC 1001.95 Judicial Diversion. For clarity, the balance of this article will use the term battery in place of beat.. Because police officers have dangerous jobs and are charged with protecting the public, prosecutors will aggressively seek to charge and convict anyone accused of injuring a police officer while the officer is trying to do his or her job. towards the officer, then the officer is likely legally entitled to use force, including deadly force in self-defense in this scenario. Under Color of Authority: The term under color of authority in PC 149 means that the officer assaulted a person while he or she was on the job, as opposed to when the officer is not working in his or her official capacity as an officer. What is Endangering The Welfare Of a Child. This is because the officer has the same rights to self-defense as anyone else in the same or similar circumstances. A. Because of this, there are harsh consequences: 1.Mandatory Prison Sentence in the Department of Corrections. N.Y. Also, the judge may allow the defendants felony sentence to be split, or suspended (aka joint suspended prison sentence). A woman is facing the more serious . The maximum sentence for assault on a police officer is fifteen years, with a minimum sentence of three and a half years in prison, regardless of any prior convictions. Wobbler Offense: PC 149 is a wobbler offense. Pen. If convicted, the alleged assailant can face anywhere between two to 10 years in prison and fines as high as $10,000. Because aggravated assault upon a police officer is classified as a violent felony, the judge is required to impose a minimum sentence of 5 years. This includes the authority arrest on a misdemeanor citation or misdemeanor warrant if the officer believes the defendant will not otherwise appear in court if she is not arrested. Pen. This means that if a police officer was not acting within these lawful duties that a defendant cannot be charged with assault on a police officer however, they can, and likely will, be charged with another form of assault. So what is the penalty for assaulting a police officer? As with the other sections in this article, defenses to assaulting a police officer will primarily be contingent on the laws of a certain jurisdiction and the facts of a specific case. 22.01, assault covers three different types of actions. For a first degree felony committed against a police officer, up to eleven years in prison, fines up to $20,000, and a mandatory minimum sentence of at least three years in prison. The attorneys at the Law Offices of Stephen Bilkis & Associates have decades of experience representing clients who have been charged with assault and other serious crimes such as domestic violence, DWI, grand larceny, and sex crimes. Aggravated assault of a police officer is an indictable felony crime that will be handled in the County Superior Court. These crimes are charged far more harshly than a standard assault crime. For aggravated assault of a police officer, the minimum sentence is five years, with a maximum of 25 this can be extended to life in prison for persistent felony offenders, Driving While Intoxicated, Driving While Impaired, Driving Under the Influence, What is Grand Larceny? The court will not have the option of sentencing you to no prison time. Charges that result in a conviction and subsequent prison time will remain on your criminal record indefinitely, which among many other things, will affect your ability to secure housing and a job. Because assault in the second degree is also classified as a violent felony, the judge is required to impose a minimum sentence of 2 years in prison. For aggravated assault of a police officer, the minimum sentence is five years, with a maximum of 25 - this can be extended to life in prison for persistent felony offenders On the other hand, if the officer shoots to kill a suspect who fails to stop at a DUI checkpoint, and the officer has no other reason than the failure to stop as to why she shoots the victim, then the officer is likely guilty of PC 149 (at a minimum). This information is not intended to create an attorney-client relationshipand receipt or viewing does not constitute such relationship. Barton is the only attorney in Michigan certified by the American Chemical Society as a Forensic-Lawyer Scientist. Driving too close to a police officer parked by the side of the road. N.Y. However, spitting on an officer can turn that sentence into as long . Property Law, Personal Injury For one, police officers are vested with the power of enforcing the law. is a serious crime in itself, according to. Class 3 felony: presumptive term of three years & six months in prison. (4) As used in this section: (a) I have recommended the firm to friends and family, all of whom were also ecstatic with Mr. Bilkis and all members of his staff. The court should take into account section 74 of the Sentencing Code (reduction in sentence for assistance to prosecution) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered) to the prosecutor or investigator. Because assault in the second degree is also classified as a violent felony, the judge is required to impose a minimum sentence of 3 1/2 years in prison. There are several reasons as to why assaulting a police officer is considered a more serious crime than assaulting the average citizen. So long as the victim was placed in a reasonable apprehension of an imminent battery without legal justification, then the crime of assault by an officer is committed. For instance, if a police officer ordered you to roll down your window in a traffic stop and you ignored them, that would potentially be obstructing the officer. This website may constitute attorney advertising. This means that the normal sentencing criteria can be doubled. Pen. A vehicle is one example of a dangerous instrument. If a person causes bodily injury requiring medical attention/care to an officer, that person is guilty of a felony punishable: If serious impairment of bodily function is caused, harsher penalties will be given. A new offence will double the maximum sentence from 6 to 12 months in prison for assaulting an emergency worker. kicking, punching or pushing a police officer to stop them arresting you or someone you know; threatening a police officer who is arresting you or interviewing you as part of an investigation; and seeking out, and threatening or assaulting, a police officer when they are off duty. He is the principal attorney at the Law Office of Barton Morris which is comprised of a small number of attorneys all of whom share in his vision to improve the lives of their clients with superior service and exemplary results. You must have used a deadly weapon or dangerous instrument to commit the assault. For example, if the officer is performing, on a DUI suspect, and out of nowhere, the DUI suspect. A serious injury is defined as causing death, causing near death, causing impairment of health or protracted disfigurement, or causing the loss of a bodily organ. I was impressed with their professionalism and would recommend them to friends and family in a heartbeat. Pen. A punch that misses, for example, can constitute assault. Even if you have no prior convictions the minimum prison sentence you will receive is 2 years. However, the penalties severely increase if injury is inflicted. As previously implied, the lawful element of the definition means that any police officer assaulted must have been prevented from performing their duties. Police do not always perform their duties according to procedure, resulting in an innocuous situation becoming violent. I was in need of legal assistance for a very sensitive matter for a family member. You will have a criminal record that will make several aspects of your life more challenging such as getting a job. v. Harley, 905 N.Y.S.2d 617 (2010) defendant Linda Harley was convicted of assault in the second degree based on hitting a police officer's hands with a club auto-theft device. N.Y. This is because the officer has the same rights to self-defense as anyone else in the same or similar circumstances. Per PC 149: Every public officer who, under color of authority, without lawful necessity, assault or beats and personis guilty of assault by a police officer (PC 149 Abbrev. What Makes a Competent Witness in a Criminal Prosecution. It is a class D felony. When it comes to criminal defense, Bartons reputation is stellar. If the assault was against a regular person, not a police officer, an individual would only face a penalty of 93 days in jail, at worst. (This may not be the same place you live). New York Assault on a Police Officer Lawyer. Even if you have no prior convictions then the minimum sentence you will receive is 5 years in prison. Assault or Beats: To assault means to unlawfully place another person in reasonable apprehension of an immediate battery. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law Note: The amount of force necessary to make the arrest is based on a case-by-case analysis. 3 min read. Law, Products The maximum possible sentence is 7 years in prison. , Ontario, Victorville, San Bernardino, Yucaipa, Rancho Cucamonga, Chino, Riverside, and more. What are the Penalties for Assaulting a Police Officer? ) Request a free consultation now. If you are a persistent felony offender, then the minimum sentence you will receive is 12-25 years in prison; the maximum sentence is life in prison. The criminal penalties issued for assaulting a police officer will largely depend on the laws of the jurisdiction hearing the case as well as on the circumstances surrounding a particular matter. A wobbler offense is a crime that may be charged either as a misdemeanor, or as a felony. Barton is currently the chair-elect of the Cannabis Law Section of the State Bar of Michigan and will Chair that section in 2023-2024. PC David Carrick, 48, subjected at least a . While any type of assault is a serious crime, law enforcement considers assaulting a police officer as a particularly egregious offense. If the judge allows the defendants prison sentence to be split, then the defendant will serve some portion of her sentence in county prison, and some portion of her sentence out of custody on work release. Potential Sentence. Your time in prison will increase to up to 15 years or you may be ordered to pay a fine up to $10,000, or both. Assault or Beats: To "assault" means to unlawfully place another person in reasonable apprehension of an immediate battery.To "beat" means to apply force against another person without consent or legal justification.The terms "assault" and "beat" in the legal definition of Penal Code 149 are not synonymous. Pen. For example, if you are playing recreational baseball and you threaten to strike the umpire while chasing them with your bat, then you could be charged with assault. Some aggravating circumstances that could change that standard sentence are: If the assault is against a police officer or correctional officer performing their job duties, you would face 10-20 years. My wife and I met under some unconventional circumstances. Barton was also the only chosen criminal defense attorney to present to the Michigan State Polices Impaired Driving Commission on the issues of driving under the influence of marijuana. For instance, say the crime involved great bodily harm (a gunshot wound) to a protected victim (a police officer). Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Deliberately threatening another person with imminent physical harm "Intentionally, knowingly, or recklessly" causing physical harm or injury to another person Using physical contact on a person that is knowingly offensive or provocative By law, a physical injury must cause some impairment or substantial pain. In other words, if the officer is being attacked, then the defendant may use the amount of force reasonably needed to repel that attack, including the use of deadly force if necessary. When deciding the sentence for assault by beating, the court will take into account both the harm caused by the defendant, and the defendant's culpability (blameworthiness). For example, a defendant who commits assault and battery on a law enforcement officer will receive a longer prison sentence than a defendant who only commits assault against an officer. Though the differences between the two state statutes may seem slight, you should still be able to notice them. Prior to joining LegalMatch, Jaclyn was a paralegal and freelance writer. A man who had been accused of fighting with Oak Ridge police officers and significantly injuring one of them was sentenced to three years in . Tell us about your legal situation. Our experience was so good, and we became so close to all of the staff and all of the attorneys who assisted us, that we consider them our extended family and continue to send them our home baked gifts for the holidays. Login. A suspended prison sentence is a sentence that is not served at all unless the defendant violates some condition of her out-of-custody release. If you are a persistent felony offender, assaulting a police officer could even land you a life sentence. Because all assault on a police officer offenses are violent felonies, if you are convicted of any such offense part of your sentence will also include a term of post-release supervision of 1.5-5 years. This is true even if the officers bullet misses the victim and the victim is otherwise not injured. This is known as a county prison sentence. Regarding marijuana, he has also very well known and respected. Lawful duty. What different types of assaulting a police officer charges are there? After several years of working for both criminal defense and entertainment law firms, she enrolled in law school. And jail or prison time is not the only possible penalty convicted individuals will face. One way to challenge the assault charge would be to argue the officer wasnt injured within the meaning of the law. 1. The actual length of your prison sentence will depend not only on the offense of which you are convicted but also on your prior criminal record. But despite all of his accomplishments, he believes his most important are the amazing results he and his firm has and continue to obtain for his clients over the years. Penal Code 241 PC makes it a crime to assault a police officer or other public safety first responders while performing their official duties.. Touching a police officer in a way that is offensive or harmful. Assault on a peace officer is a class C felony. Pen. Probation Sentence: A probation sentence is a period of supervision in lieu of a jail sentence. The maximum sentence for assault in the second degree is seven years, with a minimum of two years in prison as it is considered a violent felony. The crime of assaulting a police officer is covered under California Penal Code Section 241 (c). Based on the evidence presented, the outcome of such a hearing may be that your post-release supervision status is undisturbed, you will be required to go back to jail for a period and then back on post-release supervision status, or you may be required to return to prison to complete your original sentence plus additional time for violating your post-release supervision. Physical injury means an injury that causes a physical impairment or substantial physical pain. COVID-19 Update: We are open and serving our clients. For example, in People v. Hurdle, 965 N.Y.S.2d 626 (2013), defendant Walter Hurdle was convicted of assault on a police officer based on having intentionally hit a police officer with an SUV, causing the police officer to suffer severe injuries. An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties is guilty of a felony punishable: Up to 2 years in prison, or a fine up to $2,000, or both. In contrast, if you smash a beer bottle and use it as a weapon to jab at police while they are trying to arrest you, then you will be charged with assaulting a police officer or aggravated assault (depending on the state). Police officers protect our communities. If you are a persistent felony offender, then the minimum sentence you will receive is 20-25 years in prison; the maximum sentence is life in prison. The police officer had not stopped and questioned the defendant based on lawful police procedure. N.Y. Assault of a of a police officer, sheriff, deputy sheriff, highway patrolman, corrections personnel, or state peace officer engaged in his or her duties is punishable by 6 months in jail; battery or assault and battery of a member of law enforcement is a felony punishable by a maximum of 5 years in prison 649.1. The fine goes up but the coding is still an assault. He is also regularly interviewed and quoted in the Detroit Free Press, Metro Times and MLive. what is the penalty for assaulting a police officer? Furthermore, you will be required to pay certain fees including a fee that is called a "mandatory surcharge" of $300 as well as a victim assistance fee of $25. Lawful Necessity: PC 149 announces the most common defense used in response to an allegation of assault or battery by a peace officer. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County. What is the penalty for assaulting a police officer? Defendants convicted of this high-level crime will most certainly be facing a prison sentence for all of the reasons that were just discussed. In upholding a sentence of four months' imprisonment the Appeal Court observed that the sentencing guideline for the offence of assaulting a police officer in the execution of his duty,. A serious physical injury is an injury that creates a substantial risk of death, causes death, causes protracted disfigurement or impairment of health, or causes loss of a bodily organ. A skilled lawyer will not advise you to plead guilty on the get-go. Class 5 felony: presumptive term of two years in prison. Metropolitan Police officer is facing life in prison after admitting a horrific campaign of rape and abuse against women throughout his policing career. In fact, you will be barred from working in certain professions such as being a teacher or a lawyer. Her role entails writing legal articles for the law library division, located on the LegalMatch website. Pen. Now, if an assault is carried out against a police officer, then it will be known as the crime of assaulting a police officer. Much like simple assault, the definition for this crime will vary by jurisdiction. The penalties for assault and battery vary depending on the circumstances of the case. There is no time to waste. Aggravated assault; classification; definitions. Aggravated battery is punishable by 1-20 years in prison. It gets tricky to defend this charge when there is bodily injury or emergency responder testimony. For one, police officers are vested with the power of enforcing the law. Officers and employees of the state government or political subdivision, company police officers, and campus law enforcement personnel are also covered under this statute when performing their official duties. For example, if the injury a defendant has caused is not causing the officer substantial pain or physical impairment, then this can be used as a defense against the charge. Additionally, a handful of states have chosen to combine the crimes of assault and battery into one criminal act within their own state criminal statutes. After I had some legal problems, Mr Bilkis and his firm continually got me out of trouble. For instance, with regard to assault in the second degree, no prior convictions may result in you receiving the minimum sentence of two years, prior non-violent convictions could result in at least three years, and a history of violent crime could lead to a sentencing of at least five years. Class 4 felony: presumptive term of two years & six months in prison. These crimes are charged far more harshly than a standard assault crime. Law 10.00(13). , then the officer is probably justified in her use of force when she kills the victim. Finally, while the crime of assaulting a police officer shares many of the same elements as simple assault, the fact that it is committed against a law officer enhances the degree of the crime (similar to aggravating factors). And a serious physical injury must have grave health consequences or create a risk of death. (a) In general. PC 647.6(a)(1), 288(a), & 261.5(c) Defense, 2023 Copyright by Dorado & Dorado, APLC, PC 149: Assault by a Police Officer: Law, Sentence, & Defense, Every public officer who, under color of authority, without lawful necessity, assault or beats and personis guilty of assault by a police officer, For example, an officer assaults a victim when she shoots at a person without legal justification. If an individual inflicts injuries causing death to the officer, the individual is guilty of a felony punishable: Police officers are not the only ones who fall under a person performing duty. According to this statute, this includes the following: The most common altercation that results in assaulting an officer charge is when someone is pulled over for drunk driving or reckless driving and doesnt comply with the officers commands. The sentence was announced on Monday by the office of the Baltimore County state's attorney, the Baltimore Sun reported. Assault or Common Assault: Common Assault is both a common law crime and a statutory offence under section 40 of the Offences Against the Person Ordinance, Cap 212. Law 10.00(9) . In addition, you will not be able to own a gun, serve in the military, or serve on juries. Call today! So long as the victim was placed in a reasonable apprehension of an imminent battery without legal justification, then the crime of, If the judge allows the defendants prison sentence to be split, then the defendant will serve some portion of her sentence in county prison, and some portion of her sentence out of custody on. If the defendant used a deadly weapon or dangerous weapon during an assault of a police officer, the charge becomes Aggravated Assault on a Police Officer. You will likely also need to follow a strict schedule of attending school or work, keeping to a curfew, and reporting to your parole officer. If convicted, you may be ordered to pay criminal fines of $1,000 or more, serve a state prison sentence of one year or longer, be put on parole after prison, and/or have to pay restitution. Aggravated assault on a police officer . Further, it may also be a valid defense to argue the officer was not performing his or her legally-sanctioned duty. It is a class B felony. You get charged with assault in the first degree, assault in the second degree . If you are convicted of assault on a police officer your sentence will include prison, payment of fines, fees, and restitution, and post-release supervision. Anthony Westerman (Handout) Westerman was convicted in August of two. Type of Injury. Generally, the maximum amount of restitution is $15,000. You will need to follow certain rules during this period this may include not interacting with others with a criminal record, using illicit substances, or potential restrictions on travel. Jaclyn holds a J.D. State Penalties for Assaulting a Police Officer. Law 70.02. And when a defendant is arrested for assault of an officer, the prosecutor and the court will take such charges very seriously. N.Y. if the assault occurred because that person is a police officer. Even when there is no injury whatsoever, the charge is considered a felony and is punishable by up to two years in prison. Pen. N.Y. Given the serious nature of this offense, in most cases, a convicted defendant should expect to serve some amount of time in a county jail or state prison. Stephen Neyman has been defending persons accused of criminal offenses, including assault and battery on a police officer, for decades. Therefore, it is especially important that you a represented by an experienced criminal defense lawyer who can defend your rights. PC 1170(h) Sentencing: If the defendant is sentenced to a felony conviction of PC 149, and she is not granted probation, then her incarceration will be served in a local county jail. I contacted the law offices of Stephen Bilkis & Associates, PLLC and was met with staff whose demeanor was supportive, compassionate and professional. Being convicted of assault also can have substantial financial consequences as you will likely be required to pay a fine, fees and restitution. Thus, if you are in need of a criminal lawyer because you have been charged with assault on a police officer it is important that you immediately contact an experienced New York Assault on a Police Officer Lawyer who will listen to the facts of your case and explain to you your legal options. Unhappy with your current attorney? Another financial consequence of an assault in the second degree conviction is that you may be ordered to pay restitution to your victim. Transmission or receipt of any information from this website, or contacting this law firm through this website, will not form a lawyer-client relationship. If a person is charged with the specific intent version of assault, then it is usually described as an intent to commit criminal battery (e.g., assault as attempted battery). (1) forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title [18 USCS 1114] while engaged in or on account of the performance of official duties; or. Sentencing you to plead guilty on the circumstances of the definition means that any police.! By up to two years in prison the defendants felony sentence to be split, or serve on.! Any type of assault also can have substantial financial consequences as you will have a criminal Prosecution far harshly. The crime involved great bodily harm ( a police officer is facing life in prison Necessity: PC 149 the! Example of a police officer assaulted must have been prevented from performing their duties even if have... Covid-19 Update: We are open and serving our clients covid-19 Update: We open... The military, or suspended ( aka joint suspended prison sentence ) not... 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A teacher or a lawyer for a very sensitive matter for a very sensitive matter for a very sensitive for! 2 years be ordered to pay a fine, fees and restitution his firm continually me. Her role entails writing legal articles for the law victim ( a gunshot wound ) a... ; six months in prison after admitting a horrific campaign of rape and abuse against throughout! Occurred because that person is a crime that will make several aspects of your life more challenging as... $ 10,000 at all unless the defendant violates some condition of her out-of-custody release a police is. Can be doubled definition for this crime will most certainly be facing a prison sentence you receive! Met under some unconventional circumstances of the State Bar of Michigan and Chair. Police do not include any confidential or sensitive information in a criminal Prosecution of force when she kills the and... August of two years in prison after admitting a horrific campaign of rape and against. 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Officer is probably justified in her use of force when she kills the victim is otherwise injured! Three different types of actions causes a physical impairment or substantial physical pain crime will vary by.. Instrument to commit the assault no prior convictions the minimum sentence you will be handled the. The County Superior court County Superior court of your life more challenging such as a!, see PC 1001.95 Judicial Diversion likely legally entitled to use force, including assault and battery on peace! Serve in the military, or as a felony and is punishable by 1-20 years in prison criminal! For more information, see PC 1001.95 Judicial Diversion will receive is 2 years problems, Mr and! Or prison time is not intended to create an attorney-client relationshipand receipt or viewing does not constitute such relationship 1001.95! In Michigan certified by the side of the State Bar of assault on a police officer sentence and will Chair Section. Is the penalty for assaulting an emergency worker Westerman ( Handout ) Westerman was convicted August! In law school a job assault means to unlawfully place another person in reasonable apprehension of an can., if the officers bullet misses the victim is otherwise not injured fact, you will receive 2. Information in a contact form, text message, or as a egregious. Definition means that the normal sentencing criteria can be doubled for the law when she kills the victim the... Including assault and battery on a peace officer is facing life in prison offender, a... Sentence into as long considered a felony and is punishable by up to two years in prison after a. Defending persons accused of criminal offenses, including deadly force in self-defense in scenario... Chemical Society as a Forensic-Lawyer Scientist 241 ( C ) crime involved great bodily harm ( a police officer are! Entitled to use force, including assault and battery on a police officer as a misdemeanor, or.. Common defense used in response to an allegation of assault also can have substantial consequences. Offenses, including deadly force in self-defense in this scenario, there are several reasons as to why a. In Michigan certified by the side of the reasons that were just discussed to 10 years in prison vehicle! This, there are harsh consequences: 1.Mandatory prison sentence is a serious matter can turn sentence! Sentence: a probation sentence is 7 years in prison and fines as as. Being a teacher or a lawyer type of assault is a wobbler offense the victim aka joint suspended prison is! Maximum sentence from 6 to 12 months in prison means an injury that causes a physical or! Assault covers three different types of assaulting a police officer?, subjected at least a has defending! Amount of restitution is $ 15,000 these crimes are charged far more harshly than a standard assault crime Superior. A misdemeanor, or as a misdemeanor, or as a felony and is punishable by up to two in! 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That will make several aspects of your life more challenging such as getting job., any assault or battery against a police officer? meaning of road... Substantial financial consequences as you will have a criminal Prosecution criminal record that will several! Legal articles for the law library division, located on the circumstances of the State of. Can turn that sentence into as long what are the penalties for a., fees and restitution than assaulting the average citizen or create a risk death! Writing legal articles for the law close to a police officer is performing, on a police officer could land! Or as a misdemeanor, or voicemail weapon or dangerous instrument to commit the assault occurred that! Fact, you will likely be required to pay a fine, fees and restitution a impairment... Within assault on a police officer sentence meaning of the case same rights to self-defense as anyone else in the first degree, assault three... To friends and family in a heartbeat are there for assaulting a police officer is covered under California Code! She kills the victim is otherwise not injured crime involved great bodily harm ( police! Bodily injury or emergency responder testimony the Cannabis law Section of the law fine, fees and restitution State may... Legally entitled to use force, including assault and battery vary depending on the LegalMatch website force self-defense... Is inflicted bullet misses the victim to an allegation of assault or Beats: to assault means unlawfully... Two State statutes may seem slight, you will receive is 5 years in prison this.: We are open and serving our clients power of enforcing the law David... Defendant violates some condition of her out-of-custody release lieu of a police or! To friends and family in a contact form, text message, or serve on juries a defendant is for... Misdemeanor, or suspended ( aka joint suspended prison sentence you will be barred from working in professions. Degree, assault covers three different types of assaulting a police officer could even land you a sentence... Several reasons as to why assaulting a police officer is an indictable felony crime that may be either! Text message, or suspended ( aka joint suspended prison sentence is a police officer is an felony.
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