Do time for assaulting officer?

Question

Hi i was arrested two days ago for assaulting two officers, where trying to enter my house without a warrant because a neighbour had complained of arguing and there was a bit of blood in the communial stairwell, my brother said they couldnt come in to which they dragged him outside, whacked his head off the floor and arrested him for obstruction, i tried to get through to help him and one of the officers pushed me and i kicked him in the privates, they then dragged me outside i tried to get one off of me and may have broken his thumb. I am currently under the care of the mental health team and have just been diagnosed with servere OCD, so much to say i was very distressed and anxious at the police storming my house. Can I go down for this coz i just read that theres a minimum sentance of 3months. Im currently on bail and have to go back to the police station on 12th december.

Oh and i have no previous offences.

Im not saying that ocd makes me violent, but the recent stress of it all has threatened my state of mind, nobody was seriously hurt, I had just stabbed myself in the throat, thats the kind of state of mind im in at the moment, im from england by the way and im female.

I wonder how many people die through police brutality that gets covered up.

I hope the judge does ask for reports i was in the mental health hospital two days prior to it happening.

My mum told them to come in but my brother wouldn't let them, no reason why he was just being an idiot trying to be man of the house kind of thing, I agree they should have come in and im not saying what i've done is right im saying there were reasons i reacted like that doesn't my blemish free record demonstrate that its not in my character to be like that? AND TWAN YOU ARE A VERY IGNORANT PERSON the world health organization names OCD as one of the top ten most debilitating illnesses.

Answer 1

Are you in the UK? Canada? Wondering because of the way you spelled Neighbor.

Anyway, you and your brother both committed the crimes you explained and being OCD does not excuse you from being liable for a crime of violence. And since when does OCD make people violent or prone to violence?

You are going to get found guilty. It is up to the sentencing Judge as to how much time, if any, you get. If it is a first offense you will not probably do much if any jail time, except for the minimum of 3 months, but you will be on probation and face fines as well.

Answer 2

To enter your house they must have a warrant to do so.Except if they have reasonable suspicion that a felon is on the premises or a felony is being committed.You say there was a loud argument,as you called it, and an amount of blood on the stairwell.I am afraid you will not have much success with any claim or complaint,although the rough house should have been avoided.You can ,of course try a solicitor, for advice,but i think they will advise the same as me.You may also make a complaint to a senior officer at the station.If you are prosecuted for the assault on the police,it depends on the magistrates what your sentence will be,i should think it would be custodial for your brother and suspended sentence for you.You did not say what you were out on bail for,this can affect your sentence also.

Answer 3

Ian UK and Carswood are both right. I would suggest however that you need not fear any sort of Custodial sentence as the Judiciary will unfortunately have to take into account your mental condition and lack of previous bad character.
I would place a hefty wager that you will recieve a referral or supervision order. Waste of everybodys time.
In the US you would be less fortunate as they look upon assaulting the police seriously, unlike in the UK.
I hope there was some serious pain compliance applied to you on the night.
PS let me know how right I am when they pass sentence.
PPS Do you intend to enter a guilty plea or are you going to take the pish?

Answer 4

unfortunately, the cops didn't need a warrant because of the call and blood. you never said where the blood came from or who was arguing. It wasn't smart to assault and officer because thats an unforgiveable sin as far as the law is concerned. Depending on your attorney you might possibly get off with just probation and a fine but I doubt it. Look into some case studies and see if your attorney could bring them up. those are cases of similar offenses and situations like yours and could persuade the judge to be more lenient. If you plead guilty, you only get a sentencing court appearance after the initial one. If you say not guilty, it goes to trial and you will be a jury's mercy with only one witness from what you said and he will probably not be credible. Talk to a lawyer immediately if you want to have a chance. you assaulted a cop and that can only mean trouble.

Answer 5

Put it this way, if you were lying bleeding to death inside you wouldn't be too happy if the police just knocked, smiled sweetly and went away, would you? What did you expect them to do if there was a report of a disturbance and blood on the floor?

I hope the care you're receiving helps you, and that your legal representative is able to get you some sympathy from the court.

Answer 6

Yes they have a wright to enter your house because of the blood, and the arguing. As far as time, I would have to say that because you have nothing on your record. That you might be able to buy something with that. Though you assaulted an officer of the law and should serve at least a 3 months min imo!

Maybe with the three month you might get, you can think about how many officers die each day! Trying to protect the public!

Answer 7

Ian UK is quite correct with everything he says. The police have a duty to make sure that no person has come to harm in the flat. The circumstances provide a power of entry. Likewise the officers acted lawfully in how they dealt with your brother and yourself.

Had you both acted in a different less aggressive manner then the officers would have checked everything was fine before leaving.

Answer 8

The Police don't need your permission to come into your house under certain circumstances. Common law gives a constable power of entry to prevent a breah of the peace and protect life and property.
Look at it from their perspective if they've found blood outside your house and your not letting them in - why aren't you? - could it be that you've just killed or assualted someone - in which case any reasonable person would expect the police to enter and not just turn around and leave. If they think your harming yourself or are about to then again they are duty bound to enter and prevent you hurting yourself or others.
If they are assaulted whilst doing their job and trying to help you and others then the person that assaults or obstructs them deserves to be prosecuted.
The police don't walk into peoples houses without a reason and certainly don't put themselves in a position where they'd be assualted just for fun....most of them have wives and children of their own and actually want to get home in one piece. Maybe you should've talked to them rather than getting so worked.

Answer 9

Why do people think that the police are employed for the sole purpose of being corrupt and kicking the crap out of normal law biding citizens? This is abject rubbish. If you had nothing to hide then you would have let the police investigate a complaint like 95% of the law abiding citizens of this country. Once again - people do not take responsibility for their own actions - its always someone else's fault or some invented disease like OCD, ADD, or ADHD. Get over it - it's your fault - no-one made you act like you did but yourself!

(And if you are gonna blame it on a disease try and pick one that would make you act like you did in the first place!)

Answer 10

Sorry but Police Officers can enter your house without a warrant. No doubt they were concerned about the arguing and the blood in the stairwell. It was very stupid to assault them. Hopefully you will get a lenient Judge who will no doubt ask for reports concerning your mental health.