assault on a peace officer, no weapon, but you're intoxicated. What is the common sentencing for this being a first time offender

Question

assault on a peace officer, no weapon, but you're intoxicated. What is the common sentencing for this being a first time offender

Answer

It is a 3rd degree felony offense which carries a punishment range of 2 to 10 years in prison. Depending on the facts of the case, it could be pled down to attempted assault on a peace officer which would be a state jail felony (and carries 6 months to 2 years in state jail) or even possibly repled as a resisting arrest which is a class a misdemeanor and carries up to 1 year in jail. As a first offender, you are eligible for probation - even deferred adjudication probation.

There is no normal sentence because the facts of the situation can vary so widely. If the person was intoxicated & really just trying to prevent his/her own arrest but jerking & pulling, etc., then I would think it could possibly be pled down to resisting. But, if the person was actually attacking the officer, then that is a completely different situation.

The officer will have some input into what the punishment should be as the prosecutor will talk with him/her about the incident and any injuries the officer may have suffered.

Definitely need a good lawyer.