Montgomery NJ Aggravated Assault Attorney
If you have been charged with assaulting a police officer in Somerset County or Hunterdon County, you need to speak to an attorney immediately. Even the most minor physical encounter is elevated to a felony criminal charge when the assault is on a Mortgomery police officer or another town. This means that all proceedings following your arrest in Readington, Franklin, Hillsborough, Bound Brook or Montgomery, shall be at the Superior Court in Somerville or Flemington. The stakes in these proceedings are also much higher as there is always exposure to a state prison sentence that can be as high as ten (10) years for a second degree conviction under N.J.S.A. 2C:12-1(b). This is one of several reasons why you should not hesitate in seeking representation from the best attorney you can find. At The Law Offices of Jonathan F. Marshall, we feature one of the largest criminal defense staffs in the state with several members who are former county and municipal prosecutors. Let us put our 100 plus years of experience to work in defending your assault offense. To speak to one of our lawyers in a free consultation, contact our Bridgewater firm at (908) 722-1011.
Charged With Assaulting a Police Officer in Somerville New Jersey
As previously stated, N.J.S.A. 2C:12-1(b) elevates a simple assault to aggravated assault where the victim is a police officer. This enhancement also applies where the injured party is a firemen, emergency medical technician, teacher or school official, DYFS worker or corrections officer. In order to obtain a conviction for aggravated assault based on a victim following within one of these categories, the state must prove several elements. The prosecutor must first prove that the victim fell within one of the protected categories previously set forth (e.g. police officer, fire fighter, EMT, teacher, etc.) Second, the victim must have been performing his official duties, in uniform, or clearly have identified himself. When the incident involves a law enforcement officer, this element is also established if he/she exhibited evidence of authority or the assault occurred because of the victim’s status as a police officer. The third element involves proof that simple assault occurred.
Simple assault of a police officer is a third degree crime if the police officer or other qualifying victim suffers bodily injury. Bodily injury is defined in N.J.S.A. 2C:11-1(a) as “physical pain, illness or any impairment of physical conditions. If there is no bodily injury then the incident results in a fourth degree crime. Third degree aggravated assault of a police officer carries up to 5 years in prison and a $15,000 fine. The penalties for fourth degree assault of a police officer expose a defendant to up to 18 months in prison and a $10,000 fine.
Manville Aggravated Assault Defense Lawyer
We have heard far too many stories of individuals being charged with aggravated assault on a police officer in Manville and other towns just because they were startled or were the one actually injured during the course of an arrest. Indeed, you can typically expect a resisting arrest and aggravated assault offense to be filed if you claim or were actually injured in an altercation with law enforcement. Irrespective of the circumstances surrounding your case, the best course of action for you is to retain a lawyer with knowledge in this area of law and experience defending indictable offenses in Somerville. Our firm, The Law Offices of Jonathan F. Marshall has been defending matters involving allegations of assault on a police officer with success for decades in this area including Branchburg, Bridgewater, Warren, Bedminster, Manville and at the county courthouse in Somerville. One of the attorneys at the firm is ready to comprehensively review the allegations filed against you and develop a plan to effectively defend you. Call us now at (909) 722-1011 for immediate assistance.
