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77.4 Assault On Law Enforcement Officer, Custodial Officer Or Firefighter

    77.4.3 Assaults On Law Enforcement Officer, Custodial Officer Or Firefighter: Defenses And Defense

    77.4.3.1 Assault On Law Enforcement Officer, Assault On Law Enforcement Officer Intoxication To Negate Mens Rea
    77.4.3.2 Defense Theory That Off-Duty Officer Employed As Private Security Guard Was Not Discharging Official Duties
    77.4.3.3 Defense Theory Of Self- Defense Against "Excessive Force" By Police Officer
    77.4.3.4 Assault On Law Enforcement Officer, Custodial Officer Or Firefighter: Accident
    77.4.3.5 Assault On Law Enforcement Officer, Custodial Officer Or Firefighter: Additional Defenses And Defense Theories

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    77.4.3.1    Assault On Law Enforcement Officer, Custodial Officer or Firefighter: Intoxication To Negate Mens Rea

    See FORECITE National™  77.5.3.1 [Aggravated Assault: Intoxication As Defense Theory].

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    77.4.3.2    Defense Theory That Off-Duty Officer Employed As Private Security Guard Was Not Discharging Official Duties

PRACTICE NOTE: "Whether an off-duty officer employed as a private security guard is acting in the discharge of his official duties is a question of fact that must be resolved according to the circumstances of each case." (State v. Graham (WA 1996) 927 P2d 227, 232.)

RELATED FEDERAL MODEL INSTRUCTIONS:

See generally, FORECITE National™ 77.4.1.2 [ Assault On Law Enforcement Officer, Custodial Officer Or Firefighter:  Federal Circuit Model Instructions And Notes].

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    77.4.3.3    Defense Theory Of Self Defense Against "Excessive Force" By Police Officer

    See FORECITE National™ 99.3.1 [Resisting Arrest: Right To Self Defense Against Excessive Force].

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    77.4.3.4    Assault On Law Enforcement Officer, Custodial Officer or Firefighter: Accident

    See FORECITE National™ 252.2 [Accident].

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    77.4.3.5    Assault On Law Enforcement Officer, Custodial Officer or Firefighter: Additional Defenses And Defense Theories

PRACTICE NOTE: The defenses and defense theories discussed in this chapter are offered to provide ideas which may be helpful in developing a defense strategy and are not intended to be a complete checklist. Depending on the jurisdiction and the factual circumstances, other theories may be available. (See generally FORECITE National™ Volume 11: Affirmative Defenses And Defense Theories (Ch. 250-264).) For example, in any given case defensive theories may be available as to one or more of the basic elements of criminal liability. (See generally FORECITE National™ Volume 5: Basic Elements Of A Criminal Allegation And Defenses Thereto (Ch. 43-62).)