ANNE ARUNDEL, CALVERT, CHARLES, ST. MARY’S & PRINCE GEORGE’S COUNTIES.
Assault on an Officer Defense | Haskell & Dyer
Charged With Assaulting an Officer? The Charge Is Often Worse Than What Happened.
Assault on law enforcement or a first responder is charged hard in Maryland, often as a felony. But the bodycam, the reports, and the real sequence of events do not always match the charge. We dig into all of it.
Why These Cases Are Different
The State takes these personally, and charges them that way.
When the alleged victim is a police officer, deputy, or first responder, prosecutors push hard and often reach for a felony charge. A scuffle during an arrest, a pulled arm, or a reflex can be written up as an assault. That is exactly why the evidence has to be examined frame by frame.
What the Charge Means
Misdemeanor or Felony Depends on the Details
Not every officer-assault charge is the same. Where it lands shapes the entire defense.
Lower Tier
Without Serious Injury
An alleged assault on an officer with no real injury is often charged as second-degree assault. It is still serious, with a record and possible jail, but the exposure is lower than the felony tier.
Felony Tier
With Injury to the Officer
When the State claims a law enforcement officer or first responder was physically injured, the charge can climb to a felony, with years of prison on the table. These cases need an aggressive defense from day one.
Who Counts as Protected
The Law Reaches Past Police
Maryland's enhanced assault protections cover a range of public servants on the job, including:
Police officers & sheriff's deputies
State troopers
Correctional officers
Firefighters
EMTs & paramedics
Other first responders
What's at Stake
A Conviction Hits Hard
An officer-assault conviction carries weight that an ordinary assault may not.
Prison
Felony exposure can mean years, not days
Felony Record
A conviction that follows you for life
Rights
A felony can cost you gun and other civil rights
Reputation
These charges carry a stigma that ordinary cases do not
How We Defend an Assault on an Officer Charge
These cases turn on what the evidence actually shows, not how the report frames it. We go to the source.
We Pull the Bodycam
Footage often tells a different story than the written report. We get it, watch it closely, and use what it really shows.
We Test the Reports
Officer accounts can be inconsistent or overstated. We compare reports, footage, and witnesses for the gaps.
We Raise Real Defenses
A reflex, a fall, resisting an unlawful action, or self-defense are all real issues we put in front of the court.
We Fight the Felony
Where the injury claim is thin, we push to keep it off the felony track or have it reduced or dismissed.
Common Questions
Assault on an Officer, Answered
I barely touched the officer. Why is this a felony?
Because when the alleged victim is an officer, the State charges aggressively, and any claim of injury can push the case to the felony tier. What actually happened often looks very different on the bodycam than in the report, which is where the defense begins.
The officer says I resisted. Is that the same as assault?
No. Resisting and assault are different things, and pulling away or tensing up during an arrest is not the same as an intentional attack. We work to separate a struggle or reflex from the deliberate assault the State has to prove.
Can I use self-defense against an officer?
In limited situations, yes, particularly where force used against you was unlawful or excessive. It is a careful legal argument, not a simple one, and we will tell you honestly whether the facts of your case support it.
Will the bodycam help or hurt me?
It depends on what it shows, but more often than people expect, footage helps. Reports are written after the fact and can overstate what happened. We get the video early and use whatever it actually reveals.
Could I really go to prison for this?
On the felony tier, prison is a real possibility, which is why these charges cannot be taken lightly. With an early, detailed defense, many cases are reduced or resolved well short of that. The sooner we start, the more we can do.
Charged With Assaulting an Officer? Call Before You Talk to Anyone Else.
These cases are charged hard, but the evidence often tells a different story. Tell us what happened and get an honest read on your defense. The first conversation is free.
Arrested after hours? Call our 24/7 line: 240-687-0179
The Law Offices of Haskell & Dyer, LLC Practicing Law in Anne Arundel, Calvert, Charles, St. Mary’s, and Prince George’s Counties.
The Law Offices of Haskell & Dyer, LLC Practicing Law in Anne Arundel, Calvert, Charles, St. Mary’s, and Prince George’s Counties.
The Law Offices of Haskell & Dyer, LLC
Fax: 301-627-5848
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