Aggravated Assault Against a Police Officer

My question involves criminal law for the state of: Arizona

The following is taken exactly as written from the police report of the two assaulted police officers and the investigating officer:
1. I was passed-out on a public bus at about 10:30pm and non-responsive to police questions.
2. One of the police officers asked several other passengers on the bus how long I had been in this condition. All of the passengers responded that I had been in this position for a long time.
3. One of the police officers asked if I needed medical help. I nodded my head up and down indicating yes.
4. I was non-responsive to police commands to get up from the seat and exit the bus and, my eyes were rolled back.
5. One of the police officers attempted to grab my right hand from behind to secure a handcuff but I resisted.
6. The same police officer than applied pressure to the mandibular angle on my right side to wake me up at which time I swung at the officer striking her arm.
7. The other police officer assisted and secured a handcuff on my right wrist.
8. I broke free and continued to resist both police officers efforts to place me in custody.
9. One of the police officers used his Taser to disable me and handcuffed both of my wrists. The taser knocked me backward where I broke a window on the bus and was slightly injured.
10. I was transported by ambulance to a hospital emergency room and released to the police.
11. I was booked into County jail for (2) counts of aggravated assault on a police officer, (1) count of resisting arrest and, (1) count of theft of services.

Important facts:
1. The investigating police officer did not obtain any witness statements from the other passengers on the bus.
2. I do not have any recollection either during or after of the above incident.
3. My public defender has been able to reduce the aggravated assault (felony) to assault (felony) with 1-yr and 8-mos prison. I have 20-days to accept.
4. I believe the police should have assessed and realized my physical and mental condition first interaction with me and left me alone.

Should I accept the State's plea offer? What would you do?

Thanks

You don't say what the cause of your condition was.

Sorry.

I was drunk.
Thanks for your input

So, you were drunk and unresponsive. Your eyes were rolling. If public intoxication is illegal in your state, you covered that. Then, you committed disorderly conduct. You were combative as well. But the police should have left you alone? Were is your responsibility in this. What basis do you draw your conclusion that they should have recognized you mental and physical state and left you alone?

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Quoting AndrewO

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My question involves criminal law for the state of: Arizona

Important facts:
1. The investigating police officer did not obtain any witness statements from the other passengers on the bus.
2. I do not have any recollection either during or after of the above incident.
3. My public defender has been able to reduce the aggravated assault (felony) to assault (felony) with 1-yr and 8-mos prison. I have 20-days to accept.
4. I believe the police should have assessed and realized my physical and mental condition first interaction with me and left me alone.

Should I accept the State's plea offer? What would you do?

Thanks

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1. Police do not need to obtain any witness info.
2. If you were too drunk to remember, thats your fault.
3. Sounds like you PD tried to get the charges reduced as far as possible.
4. The police are not doctors, paramedics, psychiatrists or other medical professionals and have no duty to evaluate your medical condition beyond determinining if you need immediate medical assistance. They do have a duty to enforce the law, which you were violating by being intoxicated in a public space. Once you resisted arrest and struck the officer you then escalated the problem on your own. If you are trying to claim that due to your intoxication you aren't responsible for your actions while intoxicated you're sh** out of luck. For starters, unlike diabetes, epilepsy, siezures, etc, being intoxicated is something that you did to yourself. Secondly, you were able to resist arrest and assault a police officer which indicates that you were not so intoxicated as to have no physical control of your motions.

Accept the deal if you think it is in your best interest. Go to court if you think for some odd reason that you can beat the charge. Hint: Judges don't like the "I never would have done that if I hadn't been so drunk and the officer hadn't been doing her job" defense.

Arrrrgh! You stole my next rant!

To: antrc170 & viol8te,

I am quite certain that neither of you have the competence to assist anyone who seeking assistance in a matter of criminal assault.

1. It is understood the police are not required to obtain witness statements. However, witness observation may be relevant to fully assess the situation. Events prior to the arrival of the police are relevant. failure to seek witness statements for the record looks like

2. I was in a state of unconsciousness. The applicable Arizona Statute does not address the means by which one becomes unconscious. (see below) Your moral opinion is probably best served in a different forum. And by the way, I was not charged with public intoxication.

3. I am not claiming intoxication as an excuse for my behavior. However, I am claiming the police may have provoked my arrest by applying pressure point techniques and forcing restraint. But not for their behavior the incident would not have happened.

4. The police were aware that I was unconscious for a lengthy period and unresponsive to stimulation. I am sure they are trained to assess the need for medical assistance. I do not have access to official police procedures however, my situation likely requires medical assessment.

5. The applicable Arizona Statute reads as follows:
13-1203. Assault; classification

A. A person commits by:

1. Intentionally, knowingly or recklessly causing any physical injury to another person; or

2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or

3. Knowingly touching another person with the intent to injure, insult or provoke such person.

B. Assault committed intentionally or knowingly pursuant to subsection A, paragraph 1 is a class 1 misdemeanor. Assault committed recklessly pursuant to subsection A, paragraph 1 or assault pursuant to subsection A, paragraph 2 is a class 2 misdemeanor. Assault committed pursuant to subsection A, paragraph 3 is a class 3 misdemeanor.

Aggravated assault applies only if the person has knowledge the other person is a police officer which, I clearly did not. (A.R.S. 13-1204(8)(a)

I welcome everyone's opinion but am only interested in responses from those who actually have knowledge or experience similar to mine. I will seek moral advise from other sources.

Thanks

Are you honestly saying that the police should have seen such a terribly drunk person on a city bus and just LEFT you there? "Left you alone?"

Are you still drunk?

Further, you mention theft of services... may I assume that you didn't pay for your bus ride?

And you think the police should have just left you there.... unpaid and dangerously drunk.

Again... are you drunk NOW?

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Quoting AndrewO

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To: antrc170 & viol8te,

I am quite certain that neither of you have the competence to assist anyone who seeking assistance in a matter of criminal assault.

1. It is understood the police are not required to obtain witness statements. However, witness observation may be relevant to fully assess the situation. Events prior to the arrival of the police are relevant. failure to seek witness statements for the record looks like

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You were drunk on a city bus. How many witnesses do you think they needed to prove that?

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2. I was in a state of unconsciousness. The applicable Arizona Statute does not address the means by which one becomes unconscious. (see below) Your moral opinion is probably best served in a different forum. And by the way, I was not charged with public intoxication.

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I guess they figured they had enough with the multiple felonies.

You were obviously a danger to yourself and others.

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3. I am not claiming intoxication as an excuse for my behavior.

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Actually, by my count, you already have... twice.

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However, I am claiming the police may have provoked my arrest by applying pressure point techniques and forcing restraint. But not for their behavior the incident would not have happened.

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How, exactly, are police officers supposed to remove a belligerent drunk from a city bus? Where you hoping for unicorns and glitter?

Honestly... the fault here is not the officers but yours for being so blotto you resisted help AFTER ASKING FOR IT and then took a swing at a cop.

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4. The police were aware that I was unconscious for a lengthy period and unresponsive to stimulation.

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Sure sign of alcohol poisoning. See above "danger to self and others" comment.

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I am sure they are trained to assess the need for medical assistance. I do not have access to official police procedures however, my situation likely requires medical assessment.

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I thought you said they took you to the hospital? What else do you think you are entitled to?

One minute you are demanding to be left alone and the next are wanting to sue everyone because you didn't receive an airlift to the nearest trauma center.

Make up your mind.

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5. The applicable Arizona Statute reads as follows:
13-1203. Assault; classification

A. A person commits by:

1. Intentionally, knowingly or recklessly causing any physical injury to another person; or

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we can actually stop here... but let's go on.

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2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or

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That works too.

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3. Knowingly touching another person with the intent to injure, insult or provoke such person.

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wow, that works, too.

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Aggravated assault applies only if the person has knowledge the other person is a police officer which, I clearly did not. (A.R.S. 13-1204(8)(a)

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What part of the badge and uniform got past ya?

Saying you were too drunk to recognized uniform police officers is NOT a defense. What, they should have to get a sky writer or something until you understood that piece of tin over their heart was a badge?

That's just stupid. I thought you promised not to use your drunkeness as an excuse anymore.

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I welcome everyone's opinion but am only interested in responses from those who actually have knowledge or experience similar to mine. I will seek moral advise from other sources.

Thanks

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You are welcome.

Enjoy prison.

cyjeff,

If you had read or understood my post you would have avoided looking like an ass. I would like to answer your response point by point but have lost the energy to correct your errors.

Once again, I do not welcome responses from simple minded fools like yourself who use this audiance to express useless opinion. People in this forum need legitimate advise regarding serious problems. Your immature behavior has no value.

Thanks anyway.

What's with all the belligerent posters lately? You'd think there was maybe a single troll behind it all.