Is it considered assaulting a police officer if the officer is undercover?

Yes, and Yes. Trust me, it is never a good thing to assault a cop; undercover or off duty. Doesn't matter; you're screwed. Heck, if you were to kick a k9 unit or smack a police mount on the rump it would be assault on an officer because they are sworn officers too.

Where I live (Canada), the criminal code is fairly non-specific. It essentially says that assaulting an officer who is on active duty is considered assaulting an officer. I can foresee the argument being made that if the officer was not in uniform, it doesn't count. I would probably have to question as to how the assault came about. Was it a random assault that happened coincidentally, and the officer was just unfortunate enough to be at the wrong place at the wrong time? Int that case, then I would call it just regular assault. A more likely scenario is that the culprit had some suspicion that the person was a cop to start with, and specifically targeted him for this reason. Then, I would call it assaulting an officer.

Also, assaulting a peace officer is a hybrid offense, so it might mean the difference between the suspect being prosecuted by summary (maximum 18 months) or indictment (maximum 10 years).

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I'm sorry ladies and gentlemen, but your statements that it does not matter if the person committing the crime knows is a police officer or not is simply incorrect. The answer to this question depends on where the crime took place. Different jurisdictions may have different laws.

First, it is important to understand that in some jurisdictions (like California) you do not actually have to strike someone to be guilty of assault. In NY however, you are guilty of assault if you unlawfully harm someone (see below).

California Penal Code Section 240 defines assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

Section 242 defines battery as any willful and unlawful use of force or violence upon the person of another.

Both Section 241(b) (assaulting an officer) and Section 243(b) (battering an officer) require that the person committing the offense "knows or reasonably should know" that the victim is a peace officer. The punishment here is up for assault goes from $1000 to $2000; battery increases from $2000 to $10,000 plus significantly more jail time.

NEW YORK (where CSI SVU supposedly takes place)

Section 120.08 states a person is guilty of assault on a police officer . . . when, with intent to prevent a police officer from performing a lawful duty, he causes serious physical injury to such police officer. This person is guilty of a Class C Felony (higher than standard assault).

The portion "with intent to prevent a police officer from performing a lawful duty" can create a bit if confusion. By stating that the person committing the assault has to intend to hinder a police officer, it is implied the person committing the assault needs to know the person is a police officer. This implication that the person committing the assault needs to know the person is a police officer is nearly identical to the "knows or reasonably should know" standard set forth in California.

Other jurisdictions, however, may have a strict liability approach to "assaulting a police officer" which means that if you batter a person, and they are an officer, you are guilty. Knowledge that they are an officer is irrelevant. I do not know, off the top of my head, of any of these strict liability jurisdictions but they may (and probably do) exist.

I watch law and order too. If the person does not identify themself as a police officer it isn't assaulting a police officer.

However, it is still an assault if the person attacked the person or could be attempted murder depending on what the action was. So the person attacked a person and it din't matter that it was a police officer, it was still assault. I think the guy was trying to kill the officer (or person) so it could be attempted murder.

They may have said he "assaulted a police officer" which he did but the charge would be assault or something else but not as an officer. The guy on the show was beating up or trying to kill people he felt were lesser than the law or who were problems. He was tryhing to help police evidently and the irony was that he assaulted an officer.

it is illegal to hit or touch someone wouthout permission. any person hitting or beating up someone is guilty of assault and depending on the degree, it could be attempted murder.

Now this answer may depend on the particular state you live in (and how the statutes define assaults on a police officer), but the answer often may be --no--. In my state the defendant would have to "know" that the person that he or she is assaulting is, in fact, a police officer. So, in your L&O episode, he might not be charged with assaulting a peace officer assuming that he had no clue that he was assaulting an undercover peace officer.

That said, it's still assault. But if you punched Joe Schmoe, that would be classified a misdemeanor, but punching Officer Schmoe would be classified a felony.

You are the dumby for speeding up while you have a tailgater. Anytime, Anytime, Everytime someone is tailgating you slow down. If you are able to see the car behind you well enough to count the seconds he is behind you, you slow down until he is two seconds behind you. If they pull you over for going to slow or impeding traffic, you ask him to get his chief down there immediately. If he refuses and you have a cell phone call 911 and tell them you need the chief of police on the phone immediately. The 911 dispatcher may suggest it is not an emergency, that is when you tell them that there is an armed person harassing you and detaining you against your will and it is an emergency as you feel you are in danger. But never speed up with a person tailgatine you. Slow down. If he doesn't pass and gets closer, slow down more. Drunk people tailgate a lot. Many people have died because they tried to outrun a tailgater. At the high speeds the drunk was not able to respond quickly enough, hit the car he was tailgating and a big crash occurs. Do you really want to die because of someone else's stupidity?

yes, still assault, and yes harsher punishment. you want to hear something even worse? if a dog were to come into ur yard, and you tried to get him to go away and he wouldnt, so you go outside to scare him away, then he attacks you, and you hurt the dog, if you find out after the fact that the dog was a police dog, you could STILL get a higher sentence than if you were attacking a civilian... apparently a police dog is worth more than a civilians life these days. literally.

Yes, it is still assaulting an officer. It doesn't matter that the cop was under cover. The punishment is much more harsh when you attack a cop.

Yep! Assault is illegal, no matter what.

I would question whether that case was assault or not, the foreman witnessed her going through his things, and he stopped her, unknowing that she was an officer and not simply an immigrant employee. I wouldn't call that "unlawful" use of force.