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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4492
Experience:  Almost 12 years of legal experience, primarily in criminal law
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My grandson is a juvenile and recently charged with assaulting

Customer Question

my grandson is a juvenile and recently charged with assaulting a police officer is this a felony charge
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 2 years ago.
If he is just charged with simple assault on a police officer (i.e. not a higher degree of assault involving a weapon or serious injury), it would be a misdemeanor. A felony in Massachusetts is a crime that is punishable by more than one year in the state prison, and assault on a police officer (for an adult defendant) carries a sentence of 90 days to 2.5 years in a house of correction. Since there is no state prison sentence, it would be classified as a misdemeanor.
Now the penalty range that your grandson would be eligible for, if convicted, would not be the same. Juvenile court does not use the same punishment range as they do in adult court. Juvenile court is more focused on rehabilitation than detention, so they may try to put him in a program or counseling instead. And of course, this is only if he is found guilty or enters into a plea. He can always contest the charge at a hearing if he wants to.

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