What is the minimum time a person would have to spend in jail for assaulting a police officer?

Question

My friend is in a holding center right now. She was caught with a little weed, a pipe (with smoked weed), and a small knife. When the police officer came to arrest her she panicked and pushed him, so the police officer slammed her on the floor to get the handcuffs on and she swore at him. So shes looking at the following charges:

Assaulting an officer

possession of weed

having the illegal knife

stealing bear from wallmart

shes 17 years old and her parents are trying to send her to a boarding school to help her, they feel that if shes in prison shell only meet more of the wrong kinds of people (she did most of it under peer pressure).

What is the minimum she'll get?

shes been in the holding center for 10 days

ps. im not justifing what she did i just want to know whats going to happen to her, min and max charges and time in jail or other punishment

thank you

Answer 1

The weed would not have been a big deal, some cops even just make you flush it down the toilet and let you walk away with a warning. The knife might have even been simply confiscated, with a warning. Oh, and how did she steal a bear from Walmart? If you mean beer, well, that's either a civil fine or a misdemeanor charge for shoplifting and maybe for underage possession of alcohol, which is pretty bad but not the end of the world. So far, she hasn't done anything a typical teenager these days hasn't done at one time or other. Even panicking and pulling away or running from a cop during an arrest would just be a misdemeanor (resisting arrest without violence). But pushing a cop? Sorry, you don't strike somebody just because you're afraid of getting punished. That makes her violent, and somebody needs to straighten that little punk out to let her know to keep her hands to herself. I can't give you exact statistics or figures, but I can say for sure that the assault charge is the one that her future is going to hinge on.

Answer 2

Well there can always be extenuation circumstances, but assaulting an officer with a knife on her posession would normally in most cases be a minimum of approximately three years.

She is a minor though so it remains to be seen.  That charge could be a felony so she could go to regular jail.  It is hard to judge.

Answer 3

Assaulting a public officer or peace office- section 270

Punishment on summary conviction a fine not exceeding 2,000 or 6 month  imprisonment On indictment imprisonment for a term exceeding 5 years or both.EVIDENCE the officer must be engaged in the execution of duty at the time of the assault.Young offenders Act A young person who commits any offence by or under federal legislation including the criminal code, will be dealt with in accordance with the young offenders act, The act does not apply to provincial and municipal offences.The young offenders act shall be liberally in accordance with the principles that Young persons should bear responsibility for their offences, but should not always be held for adult offenders and that society must be protected from illegal behaviour.

Answer 4

She very easily could be tried as an adult depending on where her birthday falls and if the judge see's fit.She will meet bad characters in juvenile prison,boarding school,boot camp,and adult prison so that should not be a concern.She cannot escape that,no matter where she goes.Criminals,pot heads,and trouble makers are in them all.

She might get a second chance and only get 10 yrs of probation but I have seen 17 yr olds get prison time for less than what she is being charged with.A lawyer and a forgiving judge will help.

Answer 5

1st offense she'll prorbably get probation depending on the amount of weed. If the judge is tough she'll get some Juvi. time. maybe 1yr. If she goes to Juvi. She will more than likely get her A** kicked by hard core juvi girls. But it sounds like since she can mouth off to cops and push them around she will more than likely be challenged in Juvi to a fight.