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David D: It's not just the title of the section. This is what the charge is. The folks in the cited cases were charged with "misdemeanor APO," not "some misdemeanor in the chapter that happens to be called APO." If someone gets charged with it, the jury will be asked to hand down a verdict on "assaulting a police officer." If they're convicted, their record will record a conviction for "assaulting a police officer."

I have absolutely no problem with this if what they did is the sort of thing that the typical person would consider "assault"; the issue is that sometimes it's not and it's still legally called "assaulting a police officer."

by David Alpert on May 26, 2011 9:28 pm • link • report

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