"What would you do?" Question

[NY BLUE 86]

If you are off duty and you are assaulted by an individual..1) After you have sufficiently defended yourself would you arrest him and call the PD?..or just cuff him and call the PD? 2) What would the charges be against that individual? Would he be charged as assaulting a Police Officer or a civilian? I'm just curious to the fact of what you would do in such a situation as this. Are these type of rare situations covered in the academy? My last question is in the Academy are complicated questions like these ever asked by cadets in the academy?


Sorry for all the length and the questions within the question ;) bear with me. Thanks NY BLUE 86

[Aussie George]

Probably irrelevant but here in South Oz, if I am off duty and assaulted (just as a person in a bar for instance) then it is straight assault. If I was able to control the situation I might identify myself as a Police Officer, and detain the male until uniforms arrive, however it depends on a lot of factors.

If I was at a bar and a guy was acting stupid or whatever, and I identified myself as a Police Officer and told him to shut up (not that I would do that off duty) then he assaulted me, then it would most likely be Assault Police.

As soon as I identify myself as Police and act in an offical capacity, I have effectively recalled myself to duty.

Keep in mind that here, Assault Police is a minor offence as some weak judge once came up with the idea that Police should expect to be assaulted so therefeore it goes with the territory.

Assault Police is not charged as much as it used to be as it is treated lightly by the court and some time ago they changed our arrest procedure to incorporate the taking of DNA for certain offences, assault Police being one. When that came in less charges of assault police were laid. Not that I am saying that cops couldn't be bothered charging an offence (which was usually a second or third offence anyway) when it just meant more work for the cop and no real impact on the crook. also we got OC spray and that helped drop assaults on police, as they don't get close enough to hit me now.

[txinvestigator1]

If you are off duty and you are assaulted by an individual..1) After you have sufficiently defended yourself would you arrest him and call the PD?..or just cuff him and call the PD?

If you cuff him and hold him, he HAS been arrested. Same thing.

2) What would the charges be against that individual? Would he be charged as assaulting a Police Officer or a civilian?

It depends. In my state(that would be the Great State of Texas) to charge with assault on a public servant the public servant must be lawfully discharging an official duty, or the assault in retaliation or on account of an exercise of official power or performance of an official duty as a public servant.



I'm just curious to the fact of what you would do in such a situation as this. Are these type of rare situations covered in the academy? My last question is in the Academy are complicated questions like these ever asked by cadets in the academy?


Sorry for all the length and the questions within the question ;) bear with me. Thanks NY BLUE 86[/QUOTE]

[kels]

around here, he would be DEAD.

That is what the OFF DUTY gun is for................HINT HINT HINT

[kels]

Actually, the person will get charged with a lot of things.
The best one I have seen for battery on a LEO is
tampering with a witness.
Idiot battered an LEO I heard about. CA charged him with
several counts. Tampering/imtimidation of a witness was a
major felony. He just missed going to prison and got probation
for the major part of the rest of his life.