The Former County Prosecutors & Accomplished Defense Lawyers In Our Mount Holly Office Are Ready To Defend Your Aggravated Assault On A Police Officer Charge
An assault of any kind has enhanced ramifications when the victim is a police officer. N.J.S.A. 2C:12-1(b)(5) transforms a minor physical encounter with police into an aggravated assault, if the victim is performing his/her duties as a member of law enforcement. What this means is that you will be charged with an indictable felony crime that falls outside the jurisdiction of a local municipal court in Evesham, Mount Laurel, Medford, Moorestown, Delran or elsewhere in Burlington County and must be adjudicated at the County Courthouse in Mount Holly New Jersey. The penalties imposed if you are convicted of assault on a police officer are extremely stiff with a period of imprisonment always being a possibility. This is a primary reason for you to hire the very best Mt. Holly aggravated assault defense attorney you can afford. Our firm, the Law Offices of Jonathan F. Marshall, possesses extensive experience in this area. We are a team of ten (10) criminal lawyers that have been practicing for almost 200 years collectively. Most of our members are former prosecutors with at least 15 years in practice and considerably jury trial experience. We even employ litigators who have served at the highest levels such as Director of Major Crimes, the Trial Division and the Gangs, Guns & Drugs Task Force. If you were arrested for aggravated assault and are facing a 2C:12-1(b) charge in Mount Holly, we have a skilled attorney to thoroughly insulate you from a negative outcome. A free consultation with a member of our firm is available 24/7 by calling our Mt. Holly Office at (609) 491-2110.
The aggravated assault on a police officer attorneys at the Law Offices of Jonathan F. Marshall, 217 High Street Suite 201 Mount Holly, NJ, and at 309 Fellowship Rd, Mt Laurel, NJ, defend clients charged with this offense anywhere in Burlington County, including Evesham, Mount Laurel, Medford, Mt. Holly, Moorestown, Delran, Lumberton, Eastampton, Westampton, Southampton, Burlington Township, Willingboro, Maple Shade, Florence, Mansfield, Bordentown, Hainesport and Chesterfield.
Charged With Assaulting A Police Officer: Aggravated Assault Offense Under N.J.S.A. 2C:12-1(b)(5) In Burlington County
As previously stated, a disorderly persons offense for simple assault is elevated to the crime of aggravated assault when the victim is a police officer.This also applies when the victim is a Burlington County Correction Officer or Sheriff’s Officer.
An individual commits simple assault in violation of N.J.S.A. 2C:12-1(a) if he/she:
- Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
- Negligently causes bodily injury to another with a deadly weapon; or
- Attempts by physical menace to put another in fear of imminent serious bodily injury.
When any of these three (3) types of conduct result in bodily injury to a police officer, the aggravated assault is a third degree crime. If there is no injury whatsoever, assault on a police officer is a fourth degree crime. You should also know that the NO Early Release Act, commonly referred to as “NERA”), also applies when someone is convicted of aggravated assault under 2C:12-1b(5)(a).
Other Varieties Of Aggravated Assault Continue To Apply. What we are describing in this article is the phenomenon that occurs under 2C:12-1b(5), namely, the transformation of a disorderly persons offense to a felony when the person assaulted is a police officer. An individual can also face an aggravated assault charge under other provisions of 2c:12-1b having nothing to do with the status of the victim as a police. In other words, you can be charged with second degree aggravated assault in violation of 2C:12-1b(1) if you attempt to cause or intentionally cause serious bodily injury to another persons who happens to be a police officer. The same holds true if you cause injure someone that is a police officer while attempting to elude. The point is that all of the normal provisions of the aggravated assault statute continue to apply in addition to 2C:12-1b(5)(a).
Fine, Period of Incarceration & Other Penalties For Assault On A Police Officer
As previously stated, the degree of crime is different depending on whether the assault resulted in bodily injury. Someone sustains “bodily injury” if the assault causes physical pain, illness or any impairment of physical conditions. For example, temporary pain or discomfort caused by being kicked constitutes bodily injury. The threshold for elevating an assault from a fourth to third degree under 2C:12-1b(5)(a) is clearly very low. The headings below outline the penalties for assaulting a police officer.
- Second Degree Crime for Assaulting a Police Officer. If you are convicted of causing bodily injury to a police officer while eluding or for attempting or intentionally causing serious bodily injury to a police officer, you face a second degree crime. Second degree aggravated assault carries 5-10 years in prison and a fine that can reach $150,000.
- Third Degree Crime for Assaulting a Police Officer. The penalties for third degree aggravated assault on a police officer include a fine of up to $15,000 and 3-5 years in state prison.
- Fourth Degree Crime for Assaulting a Police Officer. A simple assault on a police officer resulting in no injuries is a fourth degree crime. Fourth degree aggravated assault carries up to 18 months in prison and a fine of up to $10,000.
An individual also faces the impact of NERA at the time of sentencing. NERA requires that a defendant serve at least 85% of their sentence before they may be considered for parole.
Related Offense of Pointing A Firearm at A Police Officer. If is also a third degree aggravated assault to point a firearm, imitation firearm or laser sighting device at a police officer. The penalties are the same for this pedigree of 2C:12-1b as third degree assault on a police officer.
Burlington County Lawyer for a Charge of Aggravated Assault On A Police Officer
When someone engages in resisting arrest or allegedly assault a police officer in Lumberton, Eastampton, Westampton, Southampton or Burlington Township, the incident triggers a felony criminal offense for aggravated assault that must be sent to the Superior Court in Mount Holly for resolution. You can reach the attorneys in our Mt. Holly Criminal Office, which is located on High Street only a block from the courthouse, to discuss your case and learn exactly what you are up against. It is certainly advisable for you to take advantage of a free consultation with an attorney since the charges you facing carry the potential for significant time in jail. To reach one of our lawyers because you are scheduled for a first appearance, detention hearing or any other proceeding in Mounty Holly, call (609) 491-2110. A lawyer is available around the clock to answer your inquiry.
