Somerset County NJ Aggravated Assault on a Police Officer Lawyers
Being charged with a crime is nerve wracking in and of itself. However, being charged with a felony offense for assaulting a police officer can be downright terrifying. No matter how minor the assault is, if a police officer is the victim of an assault, the individual will be charged with a felony offense. In addition, based on the bail reforms, someone charged with aggravated assault on a police runs the risk of being detained in the Somerset County jail, without bail, pending trial. The prosecution now has ability to seek to detain someone in jail without bail, pending trial. With that being said, it is not automatic and if they prosecution is seeking to detain an individual they must file for and be successful at a Detention Hearing. This hearings can and always should be contested. For more information on detention hearings in New Jersey, please contact our office at 908-533-1064.
At Proetta & Oliver we defend clients not only accused of aggravated assault on a police officer but aggravated assault, aggravated assault with a deadly weapon, simple assault, terroristic threats, stalking and resisting arrest in courts throughout Somerset County. If you would like to speak to one of our Somerset County criminal defense attorneys about your options then please feel free to contact our office at 908-533-1064. Our attorneys have dedicated their entire careers to defending those accused of crimes in courts throughout New Jersey, including courts throughout Somerset and Hunterdon County. We are well aware of what a felony conviction for aggravated assault on a police officer let alone a lengthy prison sentence can do to someone’s future. So, if you have any questions at all, please do not hesitate to call. We serve al of Hunterdon and Somerset County, including towns like Raritan, Clinton, Readington, Bridgewater, South Bound Brook, Flemington, Somerville, Bound Brook and Franklin.
Hunterdon County NJ Aggravated Assault on Police Officer Attorneys
The crime of aggravated assault on a police officer will be governed by NJSA 2C:12-1b(5). The offense in essence escalates what otherwise would be considered a simple assault to an aggravated assault simply based on the fact that the “victim” was a police officer. In other words, a misdemeanor level assault charge escalates to a felony offense based on the status of the victim being a police officer. Like all other assault charges in New Jersey, the type of injury in question will be play a major role in determining whether the prosecution can prove their case. To commit an aggravated assault on a police officer it must be alleged that the officer suffered what is known as “bodily injury”. Bodily Injury is the lowest level of injury under the New Jersey criminal code and pursuant to NJSA 2c:11a, bodily injury is defined as “any injury that causes physical pain, illness or any impairment of physical condition”. Here is what the prosecution must prove beyond a reasonable doubt in order to obtain a conviction.
- The Defendant purposely attempted to cause or purposely, knowingly or recklessly did cause bodily injury to the victim;
- That the victim was a police officer &
- The Defendant was aware that the victim was a police officer who was on the job; or
- The Defendant was aware that the victim was a police officer and as a result, they purposely committed the act against the officer simply because he was a police officer.
As referenced above, the prosecution must prove that not only was the officer on the job but also that the Defendant was aware of the fact that the individual was a police officer or that the attacked occurred solely because the victim was a police officer. This adds a higher burden on the prosecution then just simply proving that the Defendant caused bodily injury to the officer. If you have been charged assaulting a police officer in Somerset or Huntedon County and would like to speak to one of our criminal defense lawyers then please contact us at 908-533-1064.
Is their Jail time for Assaulting a Police Officer in NJ?
As stated earlier, aggravated assault on a police officer is a felony offense in New Jersey. It can either be either a third or fourth degree felony. If the “victim” suffered what is defined above as bodily injury, then the Defendant will be facing a third degree felony offense. Conversely, if the victim does not suffer bodily injury then the Defendant will be charged with a fourth degree felony. A third degree felony is punishable by up to five (5) years in prison, a fine up to $15,000 and a felony criminal record. A fourth degree felony is punishable by up to eighteen (18) months in prison, a fine up to $10,000 and a felony criminal record. With that being said, New Jersey does a diversionary program known as Pretrial Intervention (PTI) that a Defendant may be able to take advantage of. If they can, the Defendant will have the ability to walk away from these charges not only without a felony criminal record but without ever serving a day in jail as well. For more information on this program please contact us at 908-533-1064.
Franklin NJ Aggravated Assault on a Police Officer Lawyers
If you have been arrested and charged with a crime like endangering the welfare of a child, cocaine possession, marijuana distribution, heroin possession, unlawful possession of a weapon or any other offense for that matter in Somerset or Hunterdon County, the Law Offices of Proetta & Oliver can help. Our attorneys are dedicated to making sure that no stone is left unturned when it comes to representing our clients. If you would like to sit down with one of attorneys and discuss your options then please contact us at 908-533-1064. We can go over the specifics of your case and we will give you our honest feedback on we think we can be of assistance. We serve towns like North Plainfield, Watchung, Hillsborough, Manville, Far Hills, Warren, Montgomery, Bedminster and Franklin.