Before ending up arrested by police, you likely already knew that getting into a physical altercation with another person could lead to trouble. Assault or battery charges could easily stem from such an event, and you may never have anticipated ending up in such a scenario yourself — until now.

Unfortunately for you, your situation goes beyond a simple battery charge. An enhanced charge is likely to come against you because the other person involved in the alleged altercation was a police officer. Now, you face a charge of battery against a police officer, and you know that the possible consequences are harsh.

What will your case entail?

Like with other criminal charges, you have the right to defend against the accusation, and the details of the event that led up to your arrest and the arrest itself could all affect the way you approach your defense. Additionally, it is up to the prosecution to prove beyond a reasonable doubt that you committed the crime of which authorities accused you. To do that, they must prove the following elements:

  • You willfully and unlawfully had offensive or harmful physical contact with a police officer.
  • The other party involved was a police officer acting in an official capacity when the alleged contact took place.
  • You knew or reasonably should have known that the other party was an on-duty police officer.

If the prosecution cannot prove these points, the court may not find you guilty of battery against a police officer. Depending on the specific laws of the area, the prosecution may also have to prove that the officer suffered injuries as a result of the physical contact. On the other hand, proof of a threat or attempt at battery may only be necessary, which is why it is important to understand how the state of New York handles such cases under the law.

Addressing the charges

You may understandably feel overwhelmed at the idea of facing even more serious charges because the situation involved a police officer. However, you do not have to feel out of hope. You can go over your available defense options and find a strategy with which you feel comfortable moving forward. Additionally, you can receive help from an experienced criminal defense attorney who can help you understand your case, the charges, your defense avenues and other details relating to your ordeal.