Howell Aggravated Assault Of A Teacher Attorneys
A common factual scenario presented to the attorneys from our firm is aggravated assault of a school teacher or administrator. This offense is set forth at N.J.S.A. 2C:12-1(b)(5) and enhances a misdemeanor simple assault offense which would typically be heard in municipal court to an aggravated assault of the third degree which must be adjudicated at the Superior Court, Freehold NJ. When a student, parent or other person assaults a school teacher in Howell or anywhere else in Monmouth County, they face a felony charge that carries a jail sentence of up to five (5) years. So if you or your child was arrested for aggravated assault of a school teacher, bus driver, coach or other official, you need to contact an experienced attorney in order to protect your future. Our former of skilled lawyers, including several former prosecutors, represents individuals in Freehold and in municipalities like Manalapan, Aberdeen, Middletown, Neptune, and Hazlet. We are available 24/7 by telephone for consultation or to set up an appointment in our Freehold Office or Red Bank Office.
New Jersey Law: Aggravated Assault of a Teacher, School Administrator or Coach
The New Jersey Aggravated Assault Law is contained at N.J.S.A. 2C:12-1(b) and subsection (5)(d) targets the assault of teacher and other school administrators and officials. This provisions provides that a simple assault is enhanced to an aggravated assault in the third degree if the victim is:
“[a]ny 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.”
In order for this violation to apply, the prosecutor must establish that the accused committed a simple assault, that the victim was a teacher or other qualifying school employee, and that conduct was intentional. What this means is that it must be established, beyond reasonable doubt, that the actor knew the person he/she was assaulting was performing educational duties, had the status of a teacher or that there was a high probability that the person was a teacher. Third degree aggravated assault of a teacher carries a maximum fine of $15,000 and 5 years in prison.
Marlboro NJ Aggravated Assault of a School Teacher Lawyer
The Township of Marlboro has one of the largest school systems in Monmouth County so there is certainly opportunity for conflicts between teaches and students or parents. Unfortunately, disagreements can turn physical and when this happens you can expect an aggravated assault charge to be filed. The Marlboro Police Department as well as almost all law enforcement agencies are sensitive of the need to protect teachers and show no hesitation in arresting anyone who allegedly assaults a teacher, bus driver, coach or other educational official. If your child or you were arrested in Long Branch, Red Bank, Tinton Falls, Manasquan, Eatontown or another town in Monmouth County for assault a teacher, please do not hesitate to contact our attorneys for a free consultation. An attorney with years of experience defending criminal cases in Monmouth County will give you the time and consideration you need.