These summaries are not intended as legal advice. Please contact a licensed attorney to discuss the specifics of your case.
Viewing entries tagged
assault on a peace officer
The Ninth Circuit has determined that an Ohio statute criminalizing assault on a police officer qualifies as a crime of violence. The court noted that knowledge is a sufficient mens reas for a crime of violence. The court also found that force sufficient to cause physical harm — even of minimal gravity or duration — is sufficient to qualify as a crime of violence.
The full text of United States v. Alvarez can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2023/02/16/21-50088.pdf
The Eighth Circuit has determined that although the language of the Iowa statute criminalizing assault on a peace officer contains alternatives which lack a force element, the petitioner had not identified any case where the statute was applied in a way that did not involve at least the threatened use of physical force.
The full text of US v. Hamilton can be found here:
