Aggravated Assault on Cop Charges Montville NJ
“We represented a client facing 4th degree felony assault charges on a police officer. Luckily, we were able to have the charges downgraded to a disorderly persons misdemeanor charge and then plead guilty to a local ordinance violation which results in a fine only and no criminal record.”
Arrested for aggravated assault on a police officer in Montville? We can help. Here is a similar case we successfully handled for one of our very satisfied clients.
What are the penalties for 4th Degree aggravated assault?
The Morris County criminal defense lawyers at our firm recently represented a client who was charged with aggravated assault on a police officer (under N.J.S.A. 2C:12-1B(5)(1), a fourth degree felony arising out of Montville, in Morris County NJ. A fourth degree indictable (felony) charge is punishable by 18 months in New Jersey state prison and a permanent felony charge on your record (for backgrounds checks for work, school, professional licenses, etc). In addition, because this is a violent crime, under the No Early Release Act (known as “NERA”) the defendant must serve 85% of his prison sentence before becoming eligible for parole.
Felony Aggravated Assault Charge Reduced to Simple Assault
Our client was charged with this offense in 2012 and then moved to Florida and never dealt with the charge. He called us from Florida and hired our lawyers to resolve this outstanding offense. We spoke to the court and facilitated the warrant being vacated and him posting bail. In the meantime, the charge was downgraded from a felony to a disorderly persons (misdemeanor) offense of simple assault because the officer did not suffer any injuries in the alleged scuffle. On a simple assault, misdemeanor charge, the client was still facing up to six months in the Morris County Jail and a permanent misdemeanor charge on his record if convicted.
The 4th Degree felony aggravated assault charge is handled by the Morris County Prosecutor’s office in the Morris County Superior Court in Morristown. However, once they reviewed the case and downgraded the felony aggravated assault charge to simple assault, the case was remanded and sent back down the the Montville Municipal Court for resolution.
When we appeared in court and showed the prosecutor and judge that our client has turned his life around since 2012 (6 years), they agreed to downgrade (amend) the simple assault criminal charge to a local ordinance (also known as a borough ordinance, town ordinance, or municipal ordinance) for disorderly conduct. This results in a fine only and no criminal charge on his record.
What is the difference between a disorderly persons charge and local ordinance?
There is a huge difference between the client pleading guilty to disorderly persons charge of simple assault and a local ordinance violation. Here are the key differences:
Disorderly Persons Simple Assault Penalties
- Up to $1,000 fine
- Up to six (6) months in the Morris County jail
- Possible probation
- Permanent Criminal Charge on Record
Municipal Ordinance Violation
- Similar to a traffic ticket
- Results in a fine only
- No probation
- No Jail
- No Criminal Record
As you can see, it is crucial to have a simple assault criminal offense downgraded to a local ordinance violation for the penalties and the client’s permanent record.
Arrested for Aggravated Assault Morris County NJ? Contact us today
This was a tremendous result for our client and our law firm. If you or a loved one needs assistance with an assault arrest in Morris County NJ, contact our Morristown offices now for immediate assistance. The initial consultation is always provided free of charge.