Is this considered assault on a police officer?

The burden of proof would be on the Vet to prove he didnt maliciously attack the officer. In theory he would most likely be charged and then have to hire a defense attorney to prove he did not intentionally attack the police officer.

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Yes, it is an assault. Some states will define it as a battery. Your intent was to make physical contact with the person, your frame of mind that it was someone else may lower culpability in court, but does not take away from your intent. I am very familiar with a case in Illinois under which the offender was intoxicated, and thought the officer was a friend

playing around, and starting fighting with him. He was convicted of battery.

The point being, the intent was to strike someone, even though you thought it was someone else.

On a second note, depending on the circumstance (check on well being, unwanted subject, etc) a officer will touch a person to wake them.

I do not know what many of these posters are talking about. That would definitely be considered assault on a police officer and this is precisely how so many vets wind up inprison or with police records from these type of incidents.

There would also be a great chance that the veteran would be shot, tazed or beaten into the hospital for the assault.

Specially Trained individuals in the Military are given or used to be given 10 secs , of le way when waking or being woken up . Due to severe training it becomes Nature to go into a defensive, Offensive posture . groups associated with this are as follows.

Black Berets,Navy Seals, Delta force ,Forward recon specs.

and a few more that will not be mentioned here.

Whether this follows thru as a defence in civilian life i do not know, but if one can prove the association to these groups or training by them , There is the possibility that it becomes a defence. However a law enforcement officer will not wake someone by touching them, while sleeping they are trained to hold a deffensive position at all times i think.

It might be a good defense after the fact. But if someone is attacking me, I'm going to take care of business and put them down hard. I'm not going to stop and ask him if he is having a flashback. Later on, after he is done at the hospital, he can explain to the lawyer and judge why he attacked a cop.

well i wouldnt like to say but i served in vietnam and i often have flashbacks and i once knocked 3 people out and barricaded my house {dont laugh} and i was given chance to explain myself they let me go as if nothing happened and give me some pills to control the flashbacks as a former vietnam soldier people do actually respect me quite a lot

Yes it would be considered Assault PO however I'm sure the factors would be considered either at the time a charge was laid or when it was heard in court.

Absolutely. If that was a legitimate defense, you would see a rash of assaults on cops and the "Post traumatic stress" defense would be used on every veteran who has committed a crime that has been to Iraq or Afghanistan.

I think if it was assault, the vet could have the charges dismissed or dropped easily.