Section 273 of the Penal Law provides that one who assaults a police officer in the course of carrying out their duty, or another person assisting the police officer, is liable to up to 3 years of imprisonment, and under aggravated circumstances pursuant to Section 274, when the assailant intended to obstruct the police officer in the performance of duty or was armed, up to 5 years of imprisonment.
Why is assaulting a police officer more serious than ordinary assault?
Section 273 of the Penal Law provides that one who assaults a police officer in the course of carrying out their duty, or another person assisting the police officer, is liable to up to 3 years of imprisonment, and under aggravated circumstances pursuant to Section 274, when the assailant intended to obstruct the police officer in the performance of duty or was armed, up to 5 years of imprisonment. The legislature and the case law view assaulting a police officer as harm not only to the officer personally but to the rule of law as a whole, and therefore the sentencing policy is strict and includes imprisonment components even in "light" assaults.
Obstructing a police officer and insulting a public servant
Alongside assault, there are lesser offenses: obstructing a police officer in the performance of duty, punishable by up to one year of imprisonment, and insulting a public servant, punishable by up to 6 months of imprisonment. The distinction between assault, obstruction, and permitted expression is sometimes very fine: a spontaneous hand movement during a detention, an attempt to free oneself from a grip, or shouting during an incident, may be labeled as assault, but may also be protected as a natural reaction or as freedom of expression.
The classic situation: an incident that got out of control
Most cases of assaulting a police officer arise from everyday incidents that escalated: a traffic ticket, a street detention, a demonstration, a neighbor dispute to which the police were called. In many cases, the cameras — the officers' body cameras, security cameras, and bystanders' phones — are what determine the case, one way or the other. It is essential to demand and obtain all the documentation: not infrequently it presents a different picture from the police officer's incident report, and even reveals unlawful use of force that justifies a claim of self-defense or a defense of justice.
Legal representation
Israel Arama, formerly of the Tel Aviv District Attorney's Office, represents suspects and defendants in offenses against police officers and public servants, while making full use of filmed documentation and the suspect's rights. Contact us for an initial consultation with no obligation.
Why is assaulting a police officer more serious than ordinary assault?
Section 273 of the Penal Law provides that one who assaults a police officer in the course of carrying out their duty, or another person assisting the police officer, is liable to up to 3 years of imprisonment, and under aggravated circumstances pursuant to Section 274, when the assailant intended to obstruct the police officer in the performance of duty or was armed, up to 5 years of imprisonment. The legislature and the case law view assaulting a police officer as harm not only to the officer personally but to the rule of law as a whole, and therefore the sentencing policy is strict and includes imprisonment components even in "light" assaults.
Obstructing a police officer and insulting a public servant — what is important to know?
Alongside assault, there are lesser offenses: obstructing a police officer in the performance of duty, punishable by up to one year of imprisonment, and insulting a public servant, punishable by up to 6 months of imprisonment. The distinction between assault, obstruction, and permitted expression is sometimes very fine: a spontaneous hand movement during a detention, an attempt to free oneself from a grip, or shouting during an incident, may be labeled as assault, but may also be protected as a natural reaction or as freedom of expression.
The classic situation: an incident that got out of control — what is important to know?
Most cases of assaulting a police officer arise from everyday incidents that escalated: a traffic ticket, a street detention, a demonstration, a neighbor dispute to which the police were called. In many cases, the cameras — the officers' body cameras, security cameras, and bystanders' phones — are what determine the case, one way or the other. It is essential to demand and obtain all the documentation: not infrequently it presents a different picture from the police officer's incident report, and even reveals unlawful use of force that justifies a claim of self-defense or a defense of justice.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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