Assaulting Police Officers, Assaulting A Peace Officer
This is a very interesting part of the Criminal Code of Canada. It makes it a special offence to assault a “peace officer” in the execution of their duty and a few other things as well. “Peace officer” is defined in s.2 of the Criminal Code, a rather wordy section which says that a peace officer includes, among other things, “a warden, sheriff, justice of the peace, member of the Correctional Service of Canada, police officers, constables, bailiffs, customs officers, fisheries officers” and certain members of the Canadian Forces.
It is fairly common for people to get charged with this offence if there is a struggle during the arrest process. If you have been charged with assaulting a police officer – or any kind of assault – call Patrick Penny and obtain experienced legal advice.
For punishment, section 270 allows for up to five years in jail.
If an accused carries or uses a weapon while assaulting a peace officer, or causes any bodily harm to the peace officer, then they can be charged under s.270.02 and this charge is even more serious and allows for up to 14 years in jail.
If you are charged with assaulting a peace or police officer, you are in a lot of trouble. But you have the right to be represented by a lawyer and you need to get a lawyer. Red Deer criminal defence lawyer Patrick Penny has a great deal of experience in criminal law matters – over 32 years. Call today and try to make the best of a bad situation.
Assaulting A Peace Or Police Officer As Defined In The Criminal Code
270. (1) Every one commits an offence who
(a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer;
(b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or
(c) assaults a person
(i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or
(ii) with intent to rescue anything taken under lawful process, distress or seizure.
(2) Every one who commits an offence under subsection (1) is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or
(b) an offence punishable on summary conviction.
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