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The Law Offices of Proetta & Oliver

Hudson County

Criminal Defense Lawyer

"We have successfully defended our clients against thousands of Criminal, DWI, and Municipal Court charges throughout Hudson County and New Jersey."

- William A. Proetta, Esq.

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Aggravated Assault of a Police Officer

The term “aggravated assault of a police officer” even sounds serious and that should right off the bat give you a good indicator that New Jersey takes these offenses very seriously. Most people do not realize that you do not even have to hit or hurt a police officer to be charged with this crime. In fact, a large portion of the cases we handle involve rather minor actions on behalf of the defendant. This because the crime would normally be considered a Simple Assault but it is escalated to an Aggravated Assault simply because the victim is a law enforcement officer. Moreover, this is why a Resisting Arrest, DWI, Eluding, or Disorderly Conduct charge can quickly escalate to an aggravated assault of a police officer. A charge for aggravated assault of a police officer will be graded as a 3rd degree crime if the officer suffers any bodily injury. If the defendant attempts to assault an officer but there is no injury then it is a 4th degree crime. An example of this would be a defendant throwing a bottle at a police officer but missing. If the law enforcement agent suffers a serious bodily injury then the crime will be upgraded to a 2nd degree Aggravated Assault. All of these crimes are punishable by state prison and as a general rule of thumb, prosecutors are normally inclined to oppose admission into Pre-Trial Intervention because it involves assault on a police officer performing his official duties.

NJ Aggravated Assault of Police Officer Law

Moreover, this subsection of the statute protects more than just police officers. In fact you can be charged with aggravated assault if the victim is a fireman, first-aid medic, teacher, school bus driver, or corrections officer. A portion of the statute, in pertinent part, has been provided below for your reading convenience.

2C:12-1b(5) (a) Aggravated assault on police officer.

A person is guilty of aggravated assault if he:

(5) Commits a simple assault as defined in subsection a. (1), (2) or (3) of this section upon:

(a) Any law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority or because of his status as a law enforcement officer; or

(b) Any paid or volunteer fireman acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of the duties of a fireman; or

(c) Any person engaged in emergency first-aid or medical services acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of emergency first-aid or medical services; or

(d) Any school board member, school administrator, teacher, school bus driver or other employee of a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of his duties or because of his status as a member or employee of a public or nonpublic school or school board or any school bus driver employed by an operator under contract to a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of his duties or because of his status as a school bus driver; or

(e) Any employee of the Division of Youth and Family Services while clearly identifiable as being engaged in the performance of his duties or because of his status as an employee of the division; or

(f) Any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge while clearly identifiable as being engaged in the performance of judicial duties or because of his status as a member of the judiciary; or

(g) Any operator of a motorbus or the operator’s supervisor or any employee of a rail passenger service while clearly identifiable as being engaged in the performance of his duties or because of his status as an operator of a motorbus or as the operator’s supervisor or as an employee of a rail passenger service; or

(h) Any Department of Corrections employee, county corrections officer, juvenile corrections officer, State juvenile facility employee, juvenile detention staff member, juvenile detention officer, probation officer or any sheriff, undersheriff, or sheriff’s officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority; or

(i) Any employee, including any person employed under contract, of a utility company as defined in section 2 of P.L.1971, c.224 (C.2A:42-86) or a cable television company subject to the provisions of the “Cable Television Act,” P.L.1972, c.186 (C.48:5A-1 et seq.) while clearly identifiable as being engaged in the performance of his duties in regard to connecting, disconnecting or repairing or attempting to connect, disconnect or repair any gas, electric or water utility, or cable television or telecommunication service; or

b. (5) is a crime of the third degree if the victim suffers bodily injury, otherwise it is a crime of the fourth degree

Aggravated assault of a police officer is an indictable felony crime that will be handled in the County Superior Court. Therefore, it is especially important that you a represented by an experienced criminal defense lawyer who can defend your rights. At Proetta & Oliver we have successfully defended clients against thousands of criminal charges including aggravated assault of a police officer. You contact our office at (201) 793-8018 to learn more about how we can help you during a free initial consultation with an experienced assault lawyer. We have representatives available 24/7 to answer your call.