Aggravated Assault on a Police Officer
Monmouth County NJ Aggravated Assault on Police Officer Lawyer
If you have been arrested and charged with aggravated assault on a police officer in Monmouth County or elsewhere in New Jersey, it is imperative that you speak to an experienced criminal defense attorney as soon as possible. The slightest push let alone a full blown punch will be considered enough to charge a Defendant with a felony offense. All aggravated assault on a police officers charges will be considered a felony offense in New Jersey regardless of the injury suffered. As one would imagine, the Monmouth County prosecutors office tends to take these charges very seriously and more often then not, a Defendant charged with this type of offense tends to be prosecuted to the fullest extent of the law. If convicted, a Defendant could be facing up to five years in prison let alone a $15,000 fine. If you have been charged with aggravated assault on a police officer in Monmouth County, let the criminal defense attorneys at Proetta & Oliver help. These are serious mattes and should not be taken lightly. We offer free initial consultations and we can be reached at 732-858-6959.
Need Attorney For Assault of Police Officer Charge in West Long Branch
Most of our clients charged with aggravated assault on a police officer are also charged with eluding, driving while intoxicated, aggravated assault, resisting arrest, obstruction of justice or disorderly conduct. At Proetta & Oliver we are well aware that when alcohol gets involved a situation can go from bad to worse in a blink of an eye. If you would like to come into our Middletown office for a free initial consultation with Mr. Oliver or one of the other attorneys on staff, then please contact us directly at 732-858-6959. We can go over the specific facts of your case and we will give you our honest feedback on how we can be of assistance. We are well aware that no two clients let alone no two cases are the same, as such we take a tremendous amount of pride in being able to adapt our representation in order to fulfill our clients needs. Whether that be a trial, motion practice or negotiating a favorable plea agreement. Our office serves all of Monmouth County, including towns like Belmar, Ocean Township, Red Bank, Freehold, Neptune, Long Branch, Asbury Park, Manasquan, Holmdel, Aberdeen and Highlands. If you have any questions whatsoever, please do not hesitate to contact us.
Belmar NJ Aggravated Assault on a Police Officer Attorney
Aggravated Assault on a Police Officer Charges in NJ: NJSA 2C:12-1b(5)a
An aggravated assault on a police officer charge will be governed under New Jersey’s “Assault” section of the criminal code, which is NJSA 2C:12. The specific section that covers assaults on a police officer is NJSA 2C:12-1b(5)a, which states in pertinent part: “A person is guilty of aggravated assault if he . . . (a)ttempts to cause or purposely, knowingly or recklessly causes bodily injury to . . . (a)ny 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. In order to be convicted of this offense, the prosecution would need to prove beyond a reasonable doubt the following elements:
- That the Defendant purposely attempted to cause or purposely, knowingly or recklessly did cause bodily injury to the victim;
- That the victim is in fact a police officer; &
- That the Defendant knew that victim was a police officer who was acting in the performance of their duties or while in uniform or exhibiting evidence of their authority; or
- That the Defendant knew that the victim was a police officer and purposely committed the act against them.
It is important to note here that pursuant to NJSA 2C:11-, bodily injury has been defined as any injury that causes physical pain, illness or any impairment of physical condition. This type of injury would ordinary be considered what is known as a “simple assault”. That is the lowest level assault crime in New Jersey. It is considered a disorderly persons offense, which is New Jersey’s version of a misdemeanor. So as you can see, if the “victim” is considered a “police officer” what ordinarily would have been a simple assault gets escalated to an aggravated assault i.e. a felony.
What if I Did Not Know it was a Police Officer?
When it comes to defending these types of charges it is important to highlight that the statute requires the state to prove that the Defendant was aware of the fact that the “victim” was a police officer. The Courts reiterated that face in State v. Green, 318 N.J. Super. 361, 376 (App. Div. 1999), aff’d o.b., 163 N.J. 140 (2000) when it stated that “the defendant must know that the victim is a law-enforcement officer”.
For more information on the crime of simple assault and how to defend those types of charges, please click the link or contact our office at 732.858.6959.
What is the Sentence for Assaulting a Police Officer in NJ?
As touched upon earlier, aggravated assault on a police officer is a felony offense in New Jersey. It can either be a third or fourth degree felony depending on the facts surrounding the incident. Here is a chart that will help breakdown not only the difference in degrees but the penalties as well.
|Degree||Type of Injury||Penalties|
|3rd Degree Felony||The Police Officer suffered bodily injury as a result of the assault.||3 to 5 Years in Prison;
Fine up to $15,000
Felony Criminal Record
|4th Degree Felony||The Police Officer was assaulted but no injury was suffered.||18 Months in Prison;
Fine up to $10,000
Felony Criminal Record
With that being said, New Jersey has a diversionary program known as Pretrial Intervention that some Defendants charged with this type of offense may be able to take advantage of. If accepted and completed successfully, a Defendant could walk away from these charges without a criminal record and without ever serving a day in jail. To speak to one of our attorneys about this program please contact us at 732-858-6959.
Asbury Park NJ Aggravated Assault on a Police Officer Lawyer
Being charged with a criminal offense can be scary but being charged with a serious felony offense like aggravated assault on a police officer can be terrifying. If you have been arrested and charged with aggravated assault on a police officer, harassment, stalking, terroristic threats, aggravated assault, endangering the welfare of a child or any other criminal offense for that matter in Monmouth County, we can help. We have been appearing in courts in towns throughout Monmouth County, including towns like Matawan, Belmar, Keansburg, Union Beach, Neptune, Middletown, Tinton Falls, Eatontown, Bradley Beach and Manalapan for years now. If you would like to speak to one of our criminal defense attorneys about your options then please contact us at (732)858-6959.