If he was not in uniform and not on duty, then it is simple assault. Even if he identified himself as a Police Officer, he is not present with authority to act as an LEO, thus, a charge of Assault on a Police Officer could be pled down to simple assault.
The caveat, of course, is if the Police Officer is operating undercover. If that is the case, he may be fully empowered but due to his cover unable to reveal himself. In that case one COULD be charged with Assault on a Police Officer -- and that would be justified.
I believe so. I don't thinks assault is legal until you are formally introduced.
The police officer could be off-duty, not displaying ANY type of Police gear, (but the concealed weapon all off-duty officers carry) and hypothetically you punch said off-duty officer. That, my friend, is assault on a Police Officer.
I don't think assault on ANYBODY is legal until formal introductions. You can't walk up and punch somebody just because you don't know their name, and get away with it.
I don't know, but you have the right to remain silent...
Yes, you shouldn't be assulting anyone.
I don't think so, since the term used assumes you knew they were an officer and you acted out anyway. I would think the most simple terms still apply, "assault".
the law isn't fair, so it will depend on who you are and how good your legal representation is.
Regardless of identification, you assaulted a person that happened to be a Police Officer. However, I do not know the specifics, so I can give you my thoughts (I'm also in Law Enforcement). You're welcome to email me, and we can talk specifics.
I meant "so I can't give you a definitive answer" in place of "so I can give you my thoughts". I didn't like the way that sounded, nor did it make much sense.
were they in uniform?
then no, but they'll probably figure out a way charge you for something anyway.