Battery of an officer

[wisco]

If you are trying to detain/arrest a subject and he unintentionally injures you while trying to get away, does that qualify as battery to an officer?

[retdetsgt]

Yes, along with resist arrest.

[wisco]

Ok. Thanks RDS.

[scott715us]

Not only yes, but he&& yes. There's nothing "unintentional" about trying to get away. Obviously if you are trying to avoid being arrested, harm can easily occur to the officer trying to place you under arrest, no matter how slight. Besides, assault charges in many states only involve fear of bodily harm or "offensive" contact. A person doesn't have to actually get struck to charge someone with assault.

[mobrien316]

Yes for me as well.

If they injure me or another officer while trying to get away they would be charged with assaulting a peace officer.

The only exception I can think of, and this would only be if there was no injury, is when I am trying to restrain someone who wants to attack someone else (not me or another cop). If I'm at a domestic and I have to hold someone back who wants to get in another shot or two at their spouse's face, I charge them with interfering rather than assault. But that's only if no cops are hurt. If one of my guys gets so much as a scratch I will charge the subject with assault on a peace officer.

[mcsap]

There is not always the requirement of intent , we can also use recklessness and or gross negiligence. They can claim that they didn't mean to hit me with the baseball bat they were swining around but did anyway.