Do time for assaulting officer?

Dog Lover

Are you in the UK? Canada? Wondering because of the way you spelled Neighbor.

Anyway, you and your brother both committed the crimes you explained and being OCD does not excuse you from being liable for a crime of violence. And since when does OCD make people violent or prone to violence?

You are going to get found guilty. It is up to the sentencing Judge as to how much time, if any, you get. If it is a first offense you will not probably do much if any jail time, except for the minimum of 3 months, but you will be on probation and face fines as well.

Twan

Why do people think that the police are employed for the sole purpose of being corrupt and kicking the crap out of normal law biding citizens? This is abject rubbish. If you had nothing to hide then you would have let the police investigate a complaint like 95% of the law abiding citizens of this country. Once again - people do not take responsibility for their own actions - its always someone else's fault or some invented disease like OCD, ADD, or ADHD. Get over it - it's your fault - no-one made you act like you did but yourself!

(And if you are gonna blame it on a disease try and pick one that would make you act like you did in the first place!)

Walter C Vaughn III

Yes they have a wright to enter your house because of the blood, and the arguing. As far as time, I would have to say that because you have nothing on your record. That you might be able to buy something with that. Though you assaulted an officer of the law and should serve at least a 3 months min imo!

Maybe with the three month you might get, you can think about how many officers die each day! Trying to protect the public!

perfectlybaked

Only juveniles are given lighter sentences for assaulting an officer.

Officers can enter a house without a warrant if a phone call is made. I mean, what if someone calls 911 and says they heard gunshots take place inside a house, and a scream? Would they need to wait for a warrant to storm the house and help? I sure hope not!

joan k

Sorry but Police Officers can enter your house without a warrant. No doubt they were concerned about the arguing and the blood in the stairwell. It was very stupid to assault them. Hopefully you will get a lenient Judge who will no doubt ask for reports concerning your mental health.

lpdhcdh

Yes, you can and will "go down" for this. Here a broken thumb, as trival as it seems would be classed as serious bodily injury. You'd be serving 2-3 years.

As others have stated based on the limited information available to the officers when they responded, they not only had a right to go into your apartment but also a duty to do so.

Also expect to be civilly sued by the officers for any injuries they may have received.

jed slade

To enter your house they must have a warrant to do so.Except if they have reasonable suspicion that a felon is on the premises or a felony is being committed.You say there was a loud argument,as you called it, and an amount of blood on the stairwell.I am afraid you will not have much success with any claim or complaint,although the rough house should have been avoided.You can ,of course try a solicitor, for advice,but i think they will advise the same as me.You may also make a complaint to a senior officer at the station.If you are prosecuted for the assault on the police,it depends on the magistrates what your sentence will be,i should think it would be custodial for your brother and suspended sentence for you.You did not say what you were out on bail for,this can affect your sentence also.

carswoody

You are scum and as such should be treated this way!
officers turn up to an address to investigate something that could potentially have been you lying in a pool of blood and they get assaulted!
You should take a bow, for its people like you that are the reason this country is in such a state!

Citicop

This is a no brainer.

If the minimum sentence is 3 months, and you get convicted, you WILL do at least 3 months.

(hence, the "minimum" part)

troythom

You need a good local attorney. Do not rely on the advice given here for such a serious issue. There will be some who try to give you good advice and then others who are just going to spout what happened to their good friend's cousin's little brother's step-dad when hid hit a cop. Get professional assistance.

melanie c

unfortunately, the cops didn't need a warrant because of the call and blood. you never said where the blood came from or who was arguing. It wasn't smart to assault and officer because thats an unforgiveable sin as far as the law is concerned. Depending on your attorney you might possibly get off with just probation and a fine but I doubt it. Look into some case studies and see if your attorney could bring them up. those are cases of similar offenses and situations like yours and could persuade the judge to be more lenient. If you plead guilty, you only get a sentencing court appearance after the initial one. If you say not guilty, it goes to trial and you will be a jury's mercy with only one witness from what you said and he will probably not be credible. Talk to a lawyer immediately if you want to have a chance. you assaulted a cop and that can only mean trouble.

zero

technical, if they were called because of an argument, and saw blood outside, they do not need a warrant to come it, because it is considered probable cause.
good luck.

frankturk50

There is no minium senrtence in the UK only maximum.If what you describe is true you could be done for more serious offences under the Offences against the P[erson Act ie GBH or ABH and yes if there is any justice you will both go down.

peacesignmoose

They didn't need a warrant, probable cause and all. Unless your legal team can convince the jury that your assault on the officer was involuntary due to a mental disease, you'll probably get the minimum sentence if you have no criminal record. You should probably ask these questions to an attorney, not to random people on Yahoo! Answers.

Bardic

Put it this way, if you were lying bleeding to death inside you wouldn't be too happy if the police just knocked, smiled sweetly and went away, would you? What did you expect them to do if there was a report of a disturbance and blood on the floor?

I hope the care you're receiving helps you, and that your legal representative is able to get you some sympathy from the court.

White lighting

Sounds like you're going to have to pay the piper, unless you have a very good, very expensive attorney. You just don't go around hitting or kicking police officers.

disco

Ian UK and Carswood are both right. I would suggest however that you need not fear any sort of Custodial sentence as the Judiciary will unfortunately have to take into account your mental condition and lack of previous bad character.
I would place a hefty wager that you will recieve a referral or supervision order. Waste of everybodys time.
In the US you would be less fortunate as they look upon assaulting the police seriously, unlike in the UK.
I hope there was some serious pain compliance applied to you on the night.
PS let me know how right I am when they pass sentence.
PPS Do you intend to enter a guilty plea or are you going to take the pish?

robert h

It's 50/50 mate. Get a good brief and play on the OCD.

Beast from the East

Although they didn't have a warrent, you attacked them outside your house. You might be charged with aggravated assault. I don't think this would count under self defense but since you are under mental health care, they might let you go

dreamweaver

depends on the judge

ExO11287

The police can NOT come into your house without permission. Now telling them that you don't want them in you house gives them reason to believe that you are hiding something and they can get a warrant. But entering your house without a warrant is against the Law. I'd take those a** holes to court.

HappyLass

probably you will get an ' obstuction of justice' .And assult ,IF you get anything . If they stepped into your house without permission and with no warrent, they did wrong , you already know that , thats against the law on their part . so get a lawyer .

I will try to help

You could. Why didn't you just let them in?

Ylang-Ylang

It is a serious offence. If you assault anyone now, it ends in court, let alone a policeman, who will have witnesses. You need a good solictor who can blame it on stress, or mental illness to help you avoid a severe penalty.

anothercrazyho

I don't think you will get into that much trouble. You didn't have a weapon, for example. A judge will be a lot more reasonable.

bert

Now now, when will people realise?, it is a very serious offence to assault a police officer, it's okay for them to knock seven bells out of someone,but don't you dare to retaliate!

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