Russell Abrutyn

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Thursday, November 15, 2012

Ohio assault on a police officer is crime of violence

US v. Evans, No. 11-3460 (6th Cir. Nov. 15, 2012) (published)

In this criminal sentencing case, the court found that an Ohio conviction for assault on a police officer is a crime of violence because it requires the use of force: it is violated by knowingly causing or attempting to cause physical harm to another."  Even a scratch requires sufficiently violent force to qualify as a crime of violence. It also presents a serious potential risk of physical injury.

This decision conflicts with McMurray, which the Court distinguishes and dismisses as dicta, so how these cases will be decided remains to be seen.

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