Aggravated Assault on a Police Officer Lawyers in Monmouth County NJ

Have you been arrested or charged with aggravated assault of a New Jersey police officer? Prosecutors seek harsh penalties in cases involving harm to officers, including members of state and local police departments. Assaulting an officer is illegal under N.J.S.A.2C: 12-1(b)(5)(a), also known as “Aggravated Assault on a Law Enforcement Officer.” Essentially, it creates a felony offense for any form of assault when involving a police officer. The law permits individuals accused of committing simple assaults, when directed toward officers, to automatic elevation to felony offenses. As such, a conviction for aggravated assault on a police officer results in significant consequences in the present: punishment, penalties, and fines. In addition, the sentence will tarnish your reputation among your community, colleagues, career network, and potentially wherever you go for years to come.

For example, new challenges like finding an employer willing to hire you and career mobility may grow stagnant or halt altogether. Finding housing is also tricky, especially now carrying the dark stain of a criminal record and, in particular, aggravated assault against a law enforcement officer. Consulting an attorney as soon as possible once accused of assaulting an officer is imperative. The evidence collected in an aggravated officer assault case can quickly be skewed against you and established as fact. It is crucial to have someone advocating on your behalf. Following an arrest, acting wisely, calmly, but swiftly is necessary. In addition to reviewing the officer’s report, your criminal defense lawyer will investigate further into what truly transpired.

An experienced criminal defense attorney at Chamlin, Uliano, & Walsh, with local offices in West Long Branch NJ, can help you avoid erroneous unjust charges and excessive sentencing. Choosing an attorney with vast experience defending clients in an aggravated assault against law enforcement cases is paramount, and that is what you’ll find when you consult with and hire our criminal defense lawyers for representation. If you have been arrested and charged with a felony for assault on a law enforcement officer in Freehold, Middletown, Colts Neck, Red Bank, Howell, Rumson, or elsewhere in Monmouth County and surrounding communities in Southern New Jersey, call us at (732) 440-3950, or you can also request a consultation online.

Defining Aggravated Assault on a Police Officer Under NJ Law

When examining NJ legal code 2C:12-1(b)(5)(a), The law states under subsection (b), an individual shall be found guilty of aggravated assault if he or she commits an eligible simple assault offense; as under subsection (a), against an officer serving in the course of their duties while donning uniforms or displaying evidence of authority or by virtue of their role as a law enforcement officer. In an altercation or incident between a civilian and a police officer, the law allows for much interpretation, generally leaning toward the officer’s favor.

As explained earlier in the assault law, NJ Statute 2C:12-1, simple assault is intentionally, deliberately, or by acting rashly, inflicting severe bodily harm to another, or threatening them with imminent serious physical injury. Mostly, it is a non-indictable disorderly persons offense. However, simple assault offenses committed against police officers may result in severe consequences and are no longer considered simple assaults, but aggravated assault charges.

Other examples of aggravated assault on a New Jersey Law Enforcement Officer include but are not limited to knowingly directing a firearm, whether loaded or unloaded, at an officer, utilizing a laser sighting system against an officer, or exhibiting indifference to an officer’s life.

Understanding the Crime Grading System and Consequences for Assault on a Police Officer in New Jersey

Assault, as described above, when committed against an officer of law enforcement, becomes an aggravated assault. Aggravated assault charges can have profound impacts on those convicted. A person unfamiliar with the law or with no prior arrests, convictions, or altercations on their record may find it challenging to understand the variations in levels of severity for the crime. Aggravated assault charges against an officer are classified into three degrees of indictable offenses (felonies), fourth, third, and second. The actions you took, whether you knew the officer was an officer, if and how you inflicted physical harm, etc., will determine your degree of the offense(s).

The easiest way to explain the numbers associated with degrees and related penalties is the smaller the number in front of “degree,” the more severe the offense. Second degree offenses are the most serious and carry the most severe penalties in regards to this crime. Criminal violations of the first degree, which fall beyond the scope of this statute, include armed robbery and aggravated sexual assault, for example. Despite its lesser severity, the fourth degree offense, often assigned to aggravated assault of a law enforcement officer, is still significant and punishable. Under NJ Law, prosecutors may request, and judges can impose serious penalties. An aggravated assault of the fourth degree is punishable by a maximum prison sentence of 18 months and a fine of $10,000. A third degree aggravated assault conviction can result in a fine of up to $15,000 and a prison sentence of up to five years. A highly severe second degree assault conviction carries fines of up to $150,000 and a prison sentence of up to ten years.

Opportunity for First-Time Offenders with Clean Records

It is possible to divert the case through a program called Pre-Trial Intervention in certain cases. First-time offenders may use the program once in their lifetime, depending on the facts of their case. If eligible, you must submit an application that supports your eligibility and good candidacy and undergo the review process. Once approved, there is a possibility of avoiding jail time and preserving your clean record if you complete the program and follow its requirements. If your probation has been successful, six months after the charges are dismissed, you may apply for expungement (extraction and isolation of related records).

Contact West Long Branch Assault on an Officer Defense Attorneys to Explore Opportunities, Defenses, and Circumstances of Your Case

There is no way to overstate the importance of having an attorney on your side when you have been arrested for assaulting an officer. Prosecutors aggressively pursue charges of aggravated assault on an officer in Monmouth County and throughout New Jersey. The fact remains that each case is unique, including what may have occurred during and after arrest. However, the earlier legal representation is sought, the higher the chances of a positive outcome, lesser charges, reduced sentencing, or possibly avoiding a criminal record altogether. There are no two cases alike, whether an individual got into a scuffle or defended themselves against someone they thought was a civilian. If you strike an officer unknowingly, are acting in self-defense, or if an individual peacefully resists arrest, but the officer asserts they were struck or shoved, how is the crime determined? Your attorney can answer these questions and more.

If you or your loved one has been charged with aggravated assault on a law enforcement officer in Shrewsbury, Belmar, Neptune, Wall, Long Branch, Holmdel, and all areas of Monmouth County, contact an experienced Aggravated Assault on an Officer Defense Lawyer at Chamlin, Uliano, & Walsh at (732) 440-3950 to arrange a confidential consultation. Our lawyers are here to explain the complex elements of these cases, discuss your case, and talk through the details of how we can assist with providing solid defense representation.