Felony Assault on a Police Officer

Question

I'm 18 years old, and I have to go to court for Felony Assault on an Officer... This is my only charge I have to deal with...

I live in Montana USA.

I was drunk at the time when this all happened. but 3 cops surrounded me and put me up against one of the patrol cars and after I was handcuffed I jumped up and headbutted one of the cops in the face.

My Excuse :

I had an anxiety panic attack from when all 3 of them surrounded me and put me up against the car...and I get clausterphobic. I just wanted more room to myself you know?

But from being drunk my sences were f*cked up... So I ended up headbutting the cop. He then grabbed me and slammed my face on the hood of the patrol car and I didn't resist being put in the cop car after that...

I was in jail for a day and a half, and i was bailed out on a $5,000 bond set by the judge.

I'm free right now, and i have a clean background with no criminal history.

But what do you think will most likely happen to me?

Am I going back to jail for this crime?

Felony Assault on an Officer?

Or do you think i will be set free with Conditions such as anger management, probation, community service, etc.?

Seeing as I am 18 (legally an adult) but with no criminal history on me?

Would I be better off to plead Guilty? or Not Guilty?

Answer 1

Regardless of whether you wanted space or not, you did commit the assault.  Therefore you will get convicted, although I highly doubt you will get prison time.  Probably a suspended sentence with probation conditions, along with a fine that includes court costs.  Was the officer injured?  Sent to the hospital?  Those factors would up the penalty, along with the officer's thoughts.

Answer 2

OK, I have 15 years law enforcement, 9 years with LAPD and dealt with hundreds, if not thousands of truly nutty people and have NEVER been head butted....  So, your excuse....  Will go nowhere!  Good luck!

Answer 3

Get a lawyer. It sounds like you have a reasonable defense, and the clean criminal record is always a plus. The cops had no way of knowing you were claustrophoabic, so best case scenario the charges get dropped. You really need a lawyer though, hopefully you refrained from answering any questions from the police.

Answer 4

I would also get a lawyer, but to be honest, the courts don't seem to give a darn about any kind of mental health issues. They probably don't consider clausterphobia an excuse and just see you as someone drunk with an attitude. Now, some good news is that you probably will not have to go back to jail. Your sentence will be time served plus probation, fines, and maybe anger management or some sort of alcohol treatment.

Answer 5

First some serious advise, please Guilty and show the judge that you are responsible for your actions and that you are sorry!  (not to mention you just admitted you did it)  Second, there is NEVER an excuse to headbutt a police officer!  What on earth were you thinking?  You should be ashamed of yourself, he goes to work everyday to protect people from violence and you submit him to it!  Whatever the case if you didn't learn your lesson and you obviously didn't because your question has to deal with how much trouble your in as opposed to how to apologize to this officer for your drunken actions when you were already committing 2 crimes that you've admitted to (underage in possession and public intoxication) than I hope you get jail time.  Next time don't break the law!  I think what people forget when they don't like the police is if you don't like them, obey all laws and they will steer clear of you too!

Answer 6

You will most likely get probation with community service and some alcohol classes as a condition of your probation. Good Luck!

Answer 7

Sounds like your guilty.  Have you written the Officer an apology letter yet?

Your excuse is pretty lame.  Not sure of the sentencing guideline in Montana but you will probably do some active time (that means you will be locked up).  You will most likely get a lengthy suspended sentence with a shorter active sentence and ordered to pay a fine and restitutions for any medical costs.