Aggravated Assault on a Police Officer Charge in Elizabeth NJ
Simple assault is an offense that can result from very minor physical contact and this dynamic can be a significant problem when the “victim” is a police officer in Elizabeth or another municipality in Union County. The reason is because N.J.S.A. 2C:12-1(b) makes this conduct an aggravated assault to deter individuals from using any force whatsoever against a police officer. The result is that you can face a felony offense for aggravated assault in Elizabeth much more easily where the participant is a police officer. If you were arrested in Westfield, Roselle Park, Linden, Cranford, Plainfield or elsewhere for aggravated assault on a police office, your case will be sent to the Union County Superior Court. This is the court with jurisdiction to resolve third degree and fourth degree crimes, including aggravated assault charges.
Our firm, The Law Offices of Jonathan F. Marshall has extensive knowledge in the defense of aggravated assault on a police officer. The attorneys that make up our defense team have over 100 years of collective experience handling these types of charges, including significant time serving as prosecutors at both the county and municipal level. An attorney who knows his way around the court system and what it takes to effectively defend an Elizabeth aggravated assault charge is ready to assist you. Lawyers at available 24/7 for free consultation by calling our Union New Jersey Law Office at 908-272-1700.
Aggravated Assault for Committing a Simple Assault on a Police Officer
When an individual commits a simple assault on a police officer the crime is upgraded to an aggravated assault charge. Simple assault occurs when an individual either: (1) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or (2) negligently causes bodily injury to another with a deadly weapon; (3) attempts by physical menace to put another in fear of imminent serious bodily injury. If a person commits any of these acts on a law enforcement official, the simple assault will be prosecuted as an aggravated assault.
Affecting a simple assault on law enforcement personnel is a third degree aggravated assault if the officer suffers bodily injury. Conviction for third degree aggravated assault is punished by up to 5 years in prison and up to $15,000 in fines. Conversely, when the simple assault on the officer does not result in bodily injury the offense is a crime in the fourth degree. Fourth degree Aggravated Assault carries a penalty up to 18 months in jail and up to $10,000 in fines.
Second Degree Aggravated Assault on a Police Officer
The discussion of aggravated assault on a police officer does not end at incidents of simple assault. There are also those situations where an incident results in a second degree crime. A second degree aggravated assault on a police officer results under N.J.S.A. 2C:12-1(b)(1) if the accused attempted to cause serious bodily injury to the police officer or if they caused such an injury intentionally or as the result of conduct that manifested extreme indifference to the value of human life. A second way in which a second degree charge for aggravated assault can arise is if bodily injury is caused to a police officer as a result of eluding the police in violation of N.J.S.A. 2C:29-2.
The penalties for second degree aggravated assault are extreme. You face a prison term of 5-10 years at the time of sentencing. You will be required to serve at least 85% percentage of the jail term imposed before you can be considered for parole since the No Early Release Act applies. The maximum fine for second degree aggravated assault is $150,000.
Union NJ Aggravated Assault on a Police Office Defense Attorneys
The Union Township Office of the Law Offices of Jonathan F. Marshall is available to assist you 24/7 with aggravated assault on a police officer charges. Whether its helping you secure bail, answering questions about the offense, or any other need, the attorneys at the firm are available to assist you immediately at 908-272-1700. We defend this charge throughout Union County including an indictment stemming from an altercation in Union Township, Hillside, Summit, Rahway and Scotch Plains. A lawyer on our staff is available to assist you immediately.
