On August 5th, at about 1:00 a.m., the police were called to Mr. Avery’s Los Angeles residence on a noise complaint.  At some time, Mr. Avery allegedly shoved one officer and slammed the door.  Additional officers were called to restore order and arrested Mr. Avery.

Law:  I’ve previously covered California battery in more detail, but this case involves the disturbing detail of Mr. Avery assaulting a police officer.  In California, battery involves the unwanted touching on another, and it does not require an injury to be proven.  As previously mentioned, it is considered a ‘wobbler offense’ – that is, it is classified as a misdemeanor or felony depending mostly on the victim’s injuries.  In this case, however, because the assault was allegedly committed on a police officer, it could very well be charged as an aggravated assault. Aggravated assault can be charged in situations if the injury is serious enough.   

With no report of injury, the charge is usually labeled as a misdemeanor.  In California, the penalties for this crime would include up to a year in jail, up to $2,000 in fines, community service, and rehabilitation programs.  (Note: The penalties for a felony conviction include a minimum of 16 months in prison).

Analysis:  Mr. Avery hasn’t had too many off-the-ice legal issues to date.  He was suspended for six games in 2008 after making inappropriate comments about an ex-girlfriend to reporters.  Other than that, he generally gets in trouble only for crossing the line during games.  This time, he has gone too far off the ice.

Mr. Avery has at times struggled to remain in the lineup with the Rangers because of his strange antics.  His acts aren’t always well received, even by his teammates and coaches.  This is another case where Mr. Avery is going to have to prove that he is a responsible, up-standing citizen and teammate in order to earn back their trust.  Further, Mr. Avery is also outspoken when it comes to social rights, such as gay marriage.  As Larry Brooks of the NY Post has pointed 

out, these types of incidents damage his image and credibility.  If Mr. Avery wants to be taken seriously and actually aid in social change, it is absolutely necessary that he gets rid of these personal issues.

I personally think the more important story here involves the assault on a police officer.   The point worth stressing is that police officers everywhere have incredibly difficult jobs.  In 2010, almost 60 police officers were killed by gunfire alone.  These men and women dedicate their lives to protecting every single one of us.  The ultimate goal of the justice system is to get criminals, weapons, and drugs off of the streets. Even during routine traffic stops, officers have no idea who they are pulling over. The situation could instantly turn violent and dangerous if they meet 

the wrong person.

Officers know the dangers and most will try to handle the situation with care and caution.  That’s why it is very important that you try to cooperate with them. It’s possible that they will have wrongfully stopped and questioned you, but that does not mean that it is ever a good idea to disrespect or confront them.  If this ever happens, you have to be the bigger person and respond productively. In many cases, especially concerning issues like racial profiling, this can be a very hard thing to do, but you have to keep cool. If the police are in the wrong, you can always take it up with the court system.  As you may know, if you cannot afford an attorney, one will be appointed to you.  In the interest of justice, you will always have your day in court.  The street, however, is the wrong place to plead your case and argue with a police officer.

In the long run, being respectful and understanding with the police will go a long way in the courtroom, too.  The prosecutor, judge, and testifying officer will be more likely to go easy on you if you tried to cooperate.  Mr. Avery not only disrespected the officers, but actually shoved one out of his house.  He will be forced to pay for it, economically and socially.  When you are faced with the same situation – be respectful and courteous.  You will benefit from that type of behavior with the officers and the rest of the legal system.