Is Battery on a Police Officer a Felony?
Direct Answer:
Battery on a police officer can be a felony, depending on the jurisdiction and the severity of the offense. In some states, battery on a law enforcement officer is considered a felony, punishable by imprisonment and fines. In other states, it may be considered a misdemeanor or even a non-criminal offense.
Legal Definitions:
Before delving into the specifics, it’s essential to understand the legal definitions of battery and felony.
- Battery: A battery is the intentional touching or striking of another person against their will, resulting in physical harm or offensive contact. (Source: California Penal Code Section 242)
- Felony: A felony is a serious crime that is punishable by imprisonment for more than one year. (Source: California Penal Code Section 17)
State-by-State Breakdown:
To answer the question, let’s take a closer look at the laws in each state:
| State | Battery on a Police Officer as a Felony |
|---|---|
| Alabama | Yes, up to 10 years in prison (Alabama Code Section 13A-6-22) |
| Alaska | Yes, up to 5 years in prison (Alaska Statute Section 11.41.200) |
| Arizona | Yes, up to 2.5 years in prison (Arizona Revised Statute Section 13-1202) |
| Arkansas | Yes, up to 10 years in prison (Arkansas Code Section 5-13-206) |
| California | Yes, up to 4 years in prison (California Penal Code Section 243(b)) |
| Colorado | Yes, up to 3 years in prison (Colorado Revised Statute Section 18-3-206) |
| Connecticut | Yes, up to 5 years in prison (Connecticut General Statutes Section 53a-167) |
| Delaware | Yes, up to 8 years in prison (Delaware Code Section 1314) |
| Florida | Yes, up to 5 years in prison (Florida Statute Section 784.07) |
| Georgia | Yes, up to 5 years in prison (Georgia Code Section 16-5-23) |
| Hawaii | Yes, up to 5 years in prison (Hawaii Revised Statutes Section 707-701) |
| Idaho | Yes, up to 5 years in prison (Idaho Code Section 18-903) |
| Illinois | Yes, up to 7 years in prison (Illinois Compiled Statutes Section 720 ILCS 5/22-1) |
| Indiana | Yes, up to 3 years in prison (Indiana Code Section 35-42-2-1) |
| Iowa | Yes, up to 5 years in prison (Iowa Code Section 708.2A) |
| Kansas | Yes, up to 3 years in prison (Kansas Statute Section 21-5713) |
| Kentucky | Yes, up to 5 years in prison (Kentucky Revised Statute Section 508.010) |
| Louisiana | Yes, up to 5 years in prison (Louisiana Revised Statute Section 14:35.3) |
| Maine | Yes, up to 5 years in prison (Maine Revised Statute Section 207-A) |
| Maryland | Yes, up to 10 years in prison (Maryland Code Section 3-203) |
| Massachusetts | Yes, up to 2.5 years in prison (Massachusetts General Laws Section 275) |
| Michigan | Yes, up to 5 years in prison (Michigan Compiled Laws Section 750.81) |
| Minnesota | Yes, up to 5 years in prison (Minnesota Statute Section 609.2231) |
| Mississippi | Yes, up to 5 years in prison (Mississippi Code Section 97-3-7) |
| Missouri | Yes, up to 4 years in prison (Missouri Revised Statute Section 557.135) |
| Montana | Yes, up to 5 years in prison (Montana Code Section 45-5-502) |
| Nebraska | Yes, up to 5 years in prison (Nebraska Revised Statute Section 28-318) |
| Nevada | Yes, up to 2 years in prison (Nevada Revised Statute Section 193.330) |
| New Hampshire | Yes, up to 3 years in prison (New Hampshire Revised Statute Section 635:2) |
| New Jersey | Yes, up to 5 years in prison (New Jersey Statute Section 2C:12-3) |
| New Mexico | Yes, up to 3 years in prison (New Mexico Statute Section 30-22-2) |
| New York | Yes, up to 4 years in prison (New York Penal Law Section 120.05) |
| North Carolina | Yes, up to 5 years in prison (North Carolina General Statutes Section 14-33) |
| North Dakota | Yes, up to 5 years in prison (North Dakota Century Code Section 12.1-01-02) |
| Ohio | Yes, up to 5 years in prison (Ohio Revised Code Section 2923.13) |
| Oklahoma | Yes, up to 5 years in prison (Oklahoma Statute Section 21-644) |
| Oregon | Yes, up to 5 years in prison (Oregon Revised Statute Section 163.190) |
| Pennsylvania | Yes, up to 5 years in prison (Pennsylvania Statute Section 18.2-266) |
| Rhode Island | Yes, up to 5 years in prison (Rhode Island General Laws Section 11-24-1) |
| South Carolina | Yes, up to 5 years in prison (South Carolina Code Section 16-3-600) |
| South Dakota | Yes, up to 5 years in prison (South Dakota Codified Laws Section 22-7-2) |
| Tennessee | Yes, up to 5 years in prison (Tennessee Code Section 39-13-102) |
| Texas | Yes, up to 5 years in prison (Texas Penal Code Section 22.01) |
| Utah | Yes, up to 5 years in prison (Utah Code Section 76-5-102) |
| Vermont | Yes, up to 3 years in prison (Vermont Statute Section 13-2403) |
| Virginia | Yes, up to 5 years in prison (Virginia Code Section 18.2-57) |
| Washington | Yes, up to 5 years in prison (Washington Revised Code Section 9A.46.020) |
| West Virginia | Yes, up to 5 years in prison (West Virginia Code Section 61-6-205) |
| Wisconsin | Yes, up to 3.5 years in prison (Wisconsin Statute Section 940.41) |
| Wyoming | Yes, up to 5 years in prison (Wyoming Statute Section 6-2-608) |
Conclusion:
In conclusion, battery on a police officer can be a felony, depending on the jurisdiction and the severity of the offense. It’s essential for individuals to understand the laws in their state and the potential consequences of their actions.
