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  1. #1
    Join Date
    Jun 2011
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    Default 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

  2. #2
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    May 2011
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    Illinois
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    Default Re: Aggravated Assault Against a Police Officer

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

  3. #3
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    Jun 2011
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    Default Re: Aggravated Assault Against a Police Officer

    Sorry.

    I was drunk.
    Thanks for your input

  4. #4
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    May 2011
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    Illinois
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    Default Re: Aggravated Assault Against a Police Officer

    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?

  5. #5
    Join Date
    Sep 2010
    Location
    Oklahoma
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    695

    Default Re: Aggravated Assault Against a Police Officer

    Quote Quoting AndrewO
    View Post
    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
    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.

  6. #6
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    Illinois
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    Default Re: Aggravated Assault Against a Police Officer

    Arrrrgh! You stole my next rant!

  7. #7
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    Sep 2005
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    California
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    Default Re: Aggravated Assault Against a Police Officer

    Quote Quoting AndrewO
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    Important facts:
    1. The investigating police officer did not obtain any witness statements from the other passengers on the bus.
    While it would have been nice for the prosecution's, it is not required. And, chances are, they were a little busy dealing with you.

    2. I do not have any recollection either during or after of the above incident.
    That sort of renders any testimony from you moot. That's not good because unless the defense can somehow manage to cast reasonable doubt on the state's case, you're gonna be convicted.

    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.
    Time to start seriously talking with your attorney.

    4. I believe the police should have assessed and realized my physical and mental condition first interaction with me and left me alone.
    You believe wrong. They are NOT going to leave you alone. They are going to take you off the bus. They are going to take you to jail or for medical treatment for your own safety as well as the safety of others around you.

    I do not know of any state that absolves a person of their actions while inebriated as a result of their voluntary inebriation. If you can prove that you were given alcohol against your will and thus impaired as a result o fa criminal act against you, well, maybe you can prevail. But, we both know that ain't true, is it?

    Should I accept the State's plea offer? What would you do?
    I don't drink so I wouldn't be in your position.

    But, if I did, and if i were in your position, I would consult with my attorney and ask how confident he might feel going to trial and what I might face on a guilty verdict at trial. Chances are you face a longer sentence. So, the question you might have to ask yourself is whether you are willing to risk the possible penalties at trial.

    Quote Quoting AndrewO
    View Post
    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
    And your attorney can certainly bring all of this up and try to make the police investigation look shoddy. But, it still does not refute the testimony of the officers! YOU need to raise reasonable doubt. Saying that the police COULD have done more to build a stronger case against you serves no practical purpose other than to highlight the possibility that the state could have nailed your coffin shut if they had been more diligent!

    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.
    Your state was voluntary and does not defeat the mens rea required for the assault charges.

    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.
    You are welcome to bring that up at trial. Though, you risk much more time than the 1 year and 8 months offered if you do this. A jury might agree with you ... they might not. I think it is a reasonable explanation for your FIRST swing, but does not explain the continued combat such that they felt it necessary to hit you with a Taser.

    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.
    They are going to try and get you moving using the techniques they are taught. It sounds like they did that. You responded in a violent manner and they responded in kind, and, it seems, appropriately.

    Once they had you removed from the bus, or if you failed to respond even after their attempts at stimulation, THEN medics would likely be called. Heck, if they can transfer a drunk to an ambulance as a medical aid it is less paperwork for them.

    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)
    Were they in uniform? Wearing badges? Had equipment like that of a police officer? If the answer is, "Yes," then generally the assumption is that they are police officers. Your voluntary inebriation does not remove the knowledge element. Besides, as you cannot recall what happened, you cannot testify that you were unaware they were officers.

  8. #8
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    May 2011
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    Illinois
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    Default Re: Aggravated Assault Against a Police Officer

    Sorry guy, I guess I rubbed you the wrong way. I have been a probation officer for a period longer than the prison time you time you're about to do. Seriously, your post cant be serious. I'm sorry but, I'm not sugarcoating my thoughts on a guy who gets on a public bus, passes out. Becomes a threat not only to himself, but to every passenger on the bus. Assaults a cop. Acts fool enough to warrant the Taser. And now you are looking for support and advice? C'mon dude. You have to be kidding. You want people to co-sign to that madness? You want someone to legal advice? Who could possibly help you with this mess. Get some help bruh. Not sure how old you are, but you ain't going have a good life living as reckless as you are. Please don't be upset over this reply. Maybe we can go for drinks once you get out. What? Too soon?

  9. #9
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Aggravated Assault Against a Police Officer

    Every so often, we get a poster that gets so drunk that they can't recognize a police officer in full uniform and wants the court to give them a pass.

    If the alcohol ingestion was voluntary, you lose. Easy as that.

    Imagine the flip side.... I was drunk so you can't prosecute me for a DUI because I was obviously in no condition to make sound judgments.

    Quote Quoting viol8te
    View Post
    Sorry guy, I guess I rubbed you the wrong way. I have been a probation officer for a period longer than the prison time you time you're about to do. Seriously, your post cant be serious. I'm sorry but, I'm not sugarcoating my thoughts on a guy who gets on a public bus, passes out. Becomes a threat not only to himself, but to every passenger on the bus. Assaults a cop. Acts fool enough to warrant the Taser. And now you are looking for support and advice? C'mon dude. You have to be kidding. You want people to co-sign to that madness? You want someone to legal advice? Who could possibly help you with this mess. Get some help bruh. Not sure how old you are, but you ain't going have a good life living as reckless as you are. Please don't be upset over this reply. Maybe we can go for drinks once you get out. What? Too soon?
    Don't forget theft of services.

    I am still guessing he didn't pay for his bus ride.

  10. #10

    Default Re: Aggravated Assault Against a Police Officer

    Yes, but his defense for not paying his bus fare will that he was unable to because the police arrested him and took him off the bus before he could pay

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