Aggravated Assault on a Police Officer Lawyer in Morristown
The offense of aggravated assault on a police officer tends to be an ancillary charge to what would have been an otherwise minor incident. Traditionally, most aggravated assault on a police officer charges in Morris County originate from either an altercation with another individual (assault), an eluding, DWI, resisting arrest or disorderly conduct charge that escalates once the police got involved. In fact, as you will see below, what would have been considered a simple assault will automatically be escalated to an aggravated assault charge simply because of the “victim’s” status as a police officer. The governing statute in New Jersey for aggravated assault on a police officer is N.J.S.A. 2C:12-1(b)5 and as you will see below, depending on the injury suffered, a Defendant could be facing either a second, third or fourth degree felony.
If you have been charged with aggravated assault on a police officer, aggravated assault, simple assault, DUI, terroristic threats or unlawful possession of a weapon in Morris County, you need to speak to an experienced criminal defense lawyer immediately. Our office has eight criminal defense lawyers on staff, making our office one of the largest criminal defense firms in the State, let alone Morris County. Our office has extensive experience representing clients charged with aggravated assault on a police officer in towns like Morristown, Rockaway, Madison, Dover, Denville, Roxbury, Mount Olive and Parsippany. If you would like to discuss your options with any one of our criminal defense attorneys, please contact our office at 973.309.7050. Now here is some key information on N.J.S.A. 2C:12-1(b)5.
NJ Aggravated Assault of Police Officer Attorney
Aggravated assault, which is governed by N.J.S.A. 2C:12-1(b), is a rather complex statute. The legislature has chosen to create heightened penalties if an assault is committed on any one of the following people: police officer, fireman, first aid medic, teacher or corrections officer. This aspect of the statute can be found under N.J.S.A 2C:12-1(b)5, which states in pertinent part:
2C:12-1b(5) (a) Aggravated assault on police officer.
A person is guilty of aggravated assault if he:
(5) Commits a simple assault as defined in subsection a. (1), (2) or (3) of this section upon:
(a) Any law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority or because of his status as a law enforcement officer; or
(b) Any paid or volunteer fireman acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of the duties of a fireman; or
(c) Any person engaged in emergency first-aid or medical services acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of emergency first-aid or medical services; or
(d) Any school board member, school administrator, teacher, school bus driver or other employee of a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of his duties or because of his status as a member or employee of a public or nonpublic school or school board or any school bus driver employed by an operator under contract to a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of his duties or because of his status as a school bus driver; or
(e) Any employee of the Division of Youth and Family Services while clearly identifiable as being engaged in the performance of his duties or because of his status as an employee of the division; or
(f) Any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge while clearly identifiable as being engaged in the performance of judicial duties or because of his status as a member of the judiciary; or
(g) Any operator of a motorbus or the operator’s supervisor or any employee of a rail passenger service while clearly identifiable as being engaged in the performance of his duties or because of his status as an operator of a motorbus or as the operator’s supervisor or as an employee of a rail passenger service; or
(h) Any Department of Corrections employee, county corrections officer, juvenile corrections officer, State juvenile facility employee, juvenile detention staff member, juvenile detention officer, probation officer or any sheriff, undersheriff, or sheriff’s officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority; or
b. (5) is a crime of the third degree if the victim suffers bodily injury, otherwise it is a crime of the fourth degree
What are the Penalties for Aggravated Assault on a Police Officer in NJ?
A third degree felony in New Jersey is punishable by up to five (5) years in a New Jersey State Prison and a fine up to $15,000. Conversely, a fourth degree felony is punishable by up to eighteen (18) years in a New Jersey State Prison and a fine up to $10,000. Since this offense is either a third or fourth degree felony, a Defendant may make application to the Pretrial Intervention Program. With that being said, since the “victim” does have voice in the application process, it may be difficult to gain the acceptance without an experienced Morris County criminal defense attorney.
Aggravated Assault on a Police Officer Lawyers in Parsippany
The team of Morris County criminal defense attorney on staff at the Law Office of Jonathan F. Marshall fully understand what a criminal conviction for aggravated assault on a police officer can do to one’s life. If you or a loved one has been charged with aggravated assault, simple assault, stalking, harassment, terroristic threats, assault by auto or DUI, we can help. If you would like to discuss your options with any one of the eight criminal defense lawyers on staff, please contact our office at 973.309.7050.