Understanding Criminal Charges Against Police Officers
When encounters with law enforcement escalate, you may face serious criminal charges even when circumstances are complicated or unclear. These charges carry severe penalties and require skilled defense representation.
Assault of a Public Safety Officer (ORS 163.208)
This is a Class C felony that occurs when someone intentionally or knowingly causes physical injury to a peace officer, corrections officer, firefighter, or other public safety personnel while they’re acting in their official capacity. Convictions carry mandatory minimum sentences:
- 7 days minimum for most public safety officers
- 14 days minimum if the victim is a peace officer
- No possibility of bench parole or suspended sentence for the minimum period
Attempted Assault of a Public Safety Officer
Even unsuccessful attempts to assault law enforcement officers will result in serious criminal charges. Oregon law treats attempted crimes severely, and you can face significant penalties even if no actual injury occurred.
Resisting Arrest (ORS 162.315)
Resisting arrest is a Class A misdemeanor punishable by up to 364 days in jail and fines up to $6,250. The law defines “resists” as using violence, physical force, or any means that creates a substantial risk of physical injury during an arrest.
Interfering with Police/Law Enforcement (ORS 162.247)
A Class A misdemeanor involving actions that prevent or attempt to prevent a peace officer from performing lawful duties. This broadly-written statute gives police significant power to arrest individuals they believe are hindering their work.
Southwell Law's Defense Strategy for Police-Related Criminal Charges
Challenging the Elements of the Charges
- Intent requirement: Did you intentionally cause injury or resist arrest?
- Knowledge requirement: Did you know the person was a law enforcement officer?
- Lawful arrest: Was the underlying arrest lawful and proper?
- Risk of injury: Resistance to arrest must rise to the level that creates a risk to officer safety. Passive resistance is not a crime!
Examining Police Conduct
- Were officers properly identified as law enforcement?
- Did officers follow proper procedures and training?
- Was any force used by officers reasonable under the circumstances?
Evidence Preservation and Investigation
- Obtaining body camera footage before it’s destroyed
- Locating and interviewing witnesses
- Gathering medical documentation
- Reviewing police disciplinary records when relevant
Why Choose Southwell Law for Police Encounter Charges?
- Proven track record with cases involving crimes against police officers
- Over 95% success rate
- Deep knowledge of Oregon’s criminal justice system
- Transparent communication and real-time updates
- One predictable flat fee with no surprises
- Fierce protection of your rights at every stage
