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A 19-year-old Easton man faces assault charges after allegedly struggling with a police officer. According to a news report in The Easton Patch, the incident occurred in the town of Belvidere. Officials say the teenager pushed a police chief who then fell and injured his hand and wrist. The man was arrested on suspicion of aggravated assault, resisting arrest, and simple assault. It is not clear from the report as to what led to the incident or if the man even intentionally pushed the officer.
Simple assault charges can increase to aggravated assault when an officer or a weapon is involved. According to N.J.S.A. 2C:12-1(b), “A person is guilty of aggravated assault if he: (1) Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or (2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or (3) Recklessly causes bodily injury to another with a deadly weapon.”
Many assault cases arise from a misunderstanding, intoxication, or self-defense. It is important to remember, however, that fighting against an unlawful arrest is not a valid defense. There is no legal basis to resist or fight off an illegal or unlawful arrest. Individuals who have been confronted by a police officer would be well advised to cooperate with the arresting officer while exercising their right to remain silent until they retain an attorney.
The experienced assault defense lawyers in NJ at Lependorf & Silverstein have a long history of handling simple and aggravated assault cases in New Jersey.