N.J.S.A. 2C:12-1(b)(5)(a) is the law in New Jersey that applies to individuals accused of assaulting a police officer. This law, which is titled “Aggravated Assault on a Law Enforcement Officer”, establishes a felony offense for any form of assault on a police officer, even an incident that would otherwise be a simple assault. Assault on a law enforcement officer is a crime of the third degree if the victim suffers bodily injury, otherwise the offense is fourth degree assault on a law enforcement officer. If you or a loved one has been charged with a criminal offense like eluding, sexual assault, stalking, criminal mischief, endangering the welfare of a child or assault by auto in Passaic County, we can help. For a free consultation, please contact our Wayne office. Our office has been representing clients charged with aggravated assault on a police officer in towns like Little Falls, Hawthorne, Passaic City, Wayne, Prospect Park and Haledon for over a decade.
Little Falls NJ Assault on a Police Officer Defense Lawyers
NJ Aggravated Assault on a Police Officer Law
The statutory language regarding aggravated assault on a police officer can be difficult to navigate without experience. However, the basic concept of the statute is that the State can prove that a defendant committed aggravated assault on a law enforcement officer if the defendant did one of the three following acts: (1) attempts to commit bodily injury (if done purposely, knowingly or recklessly) to an officer, either in the performance of the officer’s duties or because of his status as an officer; (2) negligently causes bodily injury to an officer with a deadly weapon, while the officer is either in the performance of the his duties or because of his status as an officer; or (3) attempts by physical menace to put an officer in fear of imminent serious bodily injury, while the officer is either in the performance of the his duties or because of his status as an officer. One particular example of what would constitute aggravated assault on a law enforcement officer would be if a person knowingly points or displays a firearm or an imitation of such a firearm at or in the direction of a law enforcement officer. This would illustrate an attempt to intimidate or threaten the officer with fear of imminent serious bodily injury as mentioned above under number three.
What are the Penalties for Assaulting a Police Officer in NJ?
The penalties that may be imposed for this offense are different depending on whether the conviction is for third degree assault on a police officer or fourth degree assault on a police officer. If you are convicted of the third degree, the presumptive term of imprisonment is three (3) to five (5) years in a NJ state prison. The jail term for a fourth degree is less, with a maximum exposure of eighteen (18) months in jail. The fine can reach $15,000 and $10,000 respectively for third degree assault on a law enforcement officer and fourth degree assault on a law enforcement officer.
Assault on a Police Officer Lawyer in Clifton NJ
We put our 100 years of collective experience to work to achieve the very best outcome for every client we represent. And we are more than happy to put all our resources to work in defending you against any form of aggravated assault in Passaic County. To this end, feel free to give us a call at 862-203-4070 to speak to an attorney at our Clifton or Wayne offices.
