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Assault on a Law Enforcement Officer

Any alleged assault crime is a serious accusation, but criminal penalties can be dramatically increased if the alleged victim happened to be a member of a protected class of individuals. State law in North Carolina establishes enhanced penalties for alleged offenders accused of assaulting law enforcement, probation, or parole officers, members of the North Carolina National Guard, firefighters, emergency medical technicians (EMTs), medical responders, or hospital personnel.

Where as many simple assaults are misdemeanors, an assault committed upon one of these protected individuals is usually a felony offense. Depending on the prior criminal record of the alleged offender, a conviction could result in a very lengthy prison sentence.

Attorney for Assault on a Law Enforcement Officer in Raleigh, NC

Were you recently arrested in the Research Triangle area for an alleged assault on a law enforcement officer or some other protected class of individuals? You should refuse to make any kind of statement to authorities until you have legal counsel. Contact the Coolidge Law Firm as soon as possible.

David Coolidge is an experienced criminal defense lawyer in Raleigh who represents clients accused of violent crimes in Wake Forest, Garner, Holly Springs, Raleigh, Cary, Apex, and many surrounding areas of Wake County as well as students at such local higher learning institutions as Wake Technical Community College (Wake Tech), Meredith College, William Peace University, and North Carolina State University. Call (919) 239-8448 right now to have our attorney review your case and answer all of your legal questions during a free, confidential consultation.


Overview of Assault on a Law Enforcement Officer in North Carolina


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Assault on a Law Enforcement Officer Charges in Wake County

Different kinds of assault offenses are established under Chapter 14, Article 8 of the North Carolina General Statutes. Specific types of assault committed upon certain protected individuals include the following:


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Assault on a Law Enforcement Officer Penalties in Raleigh

Punishments for felony offenses in North Carolina can vary depending on how an alleged offender is classified under the state’s “structured sentencing” system. Structured sentencing classifies alleged offenders on the basis of the severity of their alleged crime and on the extent and gravity of their prior criminal records.

Structured Sentencing uses three kinds of punishments: Active, intermediate, and community. An active punishment requires an offender to be incarcerated in a state prison or jail, an intermediate punishment requires a sentence of supervised probation and can also include one or more special conditions (such as substance abuse assessment, drug treatment court, house arrest with electronic monitoring, community service, or others), and a community punishment may consist of a term of supervised or unsupervised probation which can also include other requirements such as fines, restitution, or any other condition of probation.

Alleged offenders are classified into one of six prior record levels depending on the extent and gravity of their prior record. The structured sentencing also provides three different sentencing ranges: a mitigated range is for cases with mitigating factors, an aggravated range for cases with aggravating factors, and a presumptive range is for cases with an equal amount of or no mitigating factors and aggravating factors.

Alleged offenders accused of any of the assault on a law enforcement officer or other protected class offenses listed above could be subject to the following sentence ranges if convicted:

 

Prior Record Level I
(0-1 point)

Prior Record Level II
(2-5 points)

Prior Record Level III
(6-9 points)

Prior Record Level IV
(10-13 points)

Prior Record Level V
(14-17 points)

Prior Record Level VI
(18+ points)

Class E

Intermediate or Active

Intermediate or Active

Active

Active

Active

Active

Aggravated

25-31 months

29-36 months

33-41 months

38-48 months

44-55 months

50-63 months

Presumptive

20-25 months

23-29 months

26-33 months

30-38 months

35-44 months

45-50 months

Mitigated

15-20 months

17-23 months

20-26 months

23-30 months

26-35 months

30-40 months

Class F

Intermediate or Active

Intermediate or Active

Intermediate or Active

Active

Active

Active

Aggravated

16-20 months

19-23 months

21-27 months

25-31 months

28-36 months

33-41 months

Presumptive

13-16 months

15-19 months

17-21 months

20-25 months

23-28 months

26-33 months

Mitigated

10-13 months

11-15 months

13-17 months

15-20 months

17-23 months

20-26 months

Class H

Community, Intermediate, or Active

Intermediate or Active

Intermediate or Active

Intermediate or Active

Intermediate or Active

Active

Aggravated

6-8 months

8-10 months

10-12 months

11-14 months

15-19 months

20-25 months

Presumptive

5-6 months

6-8 months

8-10 months

9-11 months

12-15 months

16-20 months

Mitigated

4-5 months

4-6 months

6-8 months

7-9 months

9-12 months

12-16 months

Class I

Community

Community or Intermediate

Intermediate

Intermediate or Active

Intermediate or Active

Intermediate or Active

Aggravated

6-8 months

6-8 months

6-8 months

8-10 months

9-11 months

10-12 months

Presumptive

4-6 months

4-6 months

5-6 months

6-8 months

7-9 months

8-10 months

Mitigated

3-4 months

3-4 months

4-5 months

4-6 months

5-7 months

6-8 months


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North Carolina Resources for Assault on a Law Enforcement Officer Arrests

Raleigh Police Department — Visit this website to learn more about the Raleigh Police Department. View a district map and obtain incident, crash, or criminal history reports. You can also find various crime prevention tips.

Raleigh Police Department
222 W. Hargett St.
Raleigh, NC 27601
(919) 996-3335

Wake County Sheriff's Office — On this website, you can find all kinds of information about the Wake County Sheriff's Office. Learn about the office’s many divisions and services. You can also find frequently asked questions about the Wake County Jail.

Wake County Sheriff's Office
330 S. Salisbury St.
Raleigh, NC 27602
(919) 856-6900


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The Coolidge Law Firm | Raleigh Assault on a Law Enforcement Officer Defense Lawyer

If you were arrested for an alleged assault on a law enforcement officer in the Research Triangle area, it is in your best interest to not say anything to authorities until you have legal representation. The Coolidge Law Firm aggressively defends clients all over Wake County, including Wendell, Zebulon, Rolesville, Fuquay-Varina, Morrisville, Knightdale, and several other nearby communities.

Raleigh criminal defense attorney David Coolidge also represents students at such colleges in the area as Shaw University, Duke University, and the University of North Carolina at Chapel Hill (UNC). He can provide an honest and thorough evaluation of your case when you call (919) 239-8448 or complete an online contact form to schedule a free initial consultation.


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David Coolidge
David A. Coolidge
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