Gloucester City NJ Aggravated Assault Attorneys
The most common variety of N.J.S.A. 2C:12-1(b) charge in Gloucester City and elsewhere in Camden County is aggravated assault on a police officer. There are many reasons for the frequency of the offense include the reduced threshold necessary to trigger this form of aggravated assault. All that needs to occur for the violation to occur is for someone to commit a simple assault on a victim who is a law enforcement officer. If you have been charged in this manner in Winslow, Haddon Township, Gloucester Township, Berlin or another municipality in this region, our attorneys have the credentials to serve you well. We are a team of eight criminal lawyers, several who are former prosecutors, with over a century of combined experience. An attorney who is highly knowledgeable in assault on a police officer defense is available immediately at Marshall, Bonus, Proetta & Oliver. Call our Cherry Hill Office at 856-662-8300 for a free consultation.
Charged With Assaulting a Police Officer
N.J.S.A. 2C:12-1(b)(5)(a) elevates a simple assault to aggravated assault where the victim is a police officer. The statute provides for this enhancement where the simple assault is committed on a “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.” A conviction for this violation is a fourth degree crime except where bodily injury is sustained, in which case it is a third degree crime. Fourth degree aggravated assault on a police officer carries a fine of up to $10,000 and up to 18 months in prison. The maximum fine is $15,000 and jail sentence is 5 years for third degree aggravated assault on a police officer. The No Early Release Act applies in both settings and requires that a defendant sentenced to prison serve at least 85% of his term before becoming eligible for parole. In order to secure a conviction for assaulting a police officer under 2C:12-1(b)(5)(a), the prosecutor must establish, beyond reasonable doubt, that: (1) a simple assault occurred; (2) the victim was a law enforcement officer; (3) that was acting in the performance of his or her duties, was in uniform, exhibiting evidence of his authority or was assaulted because of his status as a police officer.
Self-Defense v. Assault on an Officer
Many individuals that consult or hire our firm describe incidents where they were acting in self-defense when the contact was made with the arresting police officer. There are also situations where the accused was actually injured and a resisting arrest or assault charge was filed to legitimize use of unlawful force by police. Irrespective, the general rule is that you cannot resist or engage in self-defense against a police officer, even if the arrest lacks legal basis. Notwithstanding, a defendant is permitted to engage in self-protection to the extent that a police officer utilizes unlawful force to make an arrest. The self-defense cannot involve more force than is reasonably necessary for the protection of the accused nor can it be a situation where, if he/she stopped measures of self-defense, the excessive force would have terminated.
Bellmawr Aggravated Assault Lawyers
Bellmawr has more aggravated assault charges that you would anticipate given it ranks 20th in population in Camden County. The biggest block of these offenses involve alleged assault on a police officer. Whether you case arose out of this borough or another municipality, for example, Lindenwold, the City of Camden, Haddon Township, Voorhees or Winslow, it is crucial that you retain an experienced attorney. This violation is always a felony that clearly has the potential for significant penalties. This is why you are encouraged to contact the lawyers at our Cherry Hill Office. Call us at 856-662-8300 for immediate assistance.