Understanding Assault Charges Involving Police Officers and Public Employees in New Jersey

Understanding Assault Charges Involving Police Officers and Public Employees in New Jersey

Assault charges involving police officers and other public employees in New Jersey can be complex. As a lawyer, I often get asked how these cases work and what defenses may apply. In this article, I’ll provide an overview of assault laws and how they apply to police and public employees in NJ, common defenses, and things to know if you’re facing charges.

What is Assault in New Jersey?

Legally speaking, assault in New Jersey refers to purposely, knowingly, or recklessly causing bodily injury to another person. It can also mean negligently causing bodily injury to another person with a deadly weapon. The severity of the assault charge depends on the circumstances, such as the extent of injury, use of a weapon, etc. Some key laws include:

• Simple Assault – a disorderly persons offense in NJ carrying up to 6 months in jail. This covers cases of minimal injury.
• Aggravated Assault – a 2nd or 3rd degree felony with up to 5 or 10 years in prison. Covers assault with serious bodily injury.
• Assault by Auto – a 4th degree felony if reckless driving causes injury.

You can read more details on NJ assault laws here.

How Do Assault Laws Apply to Police Officers?

Police officers do have authority to use force in certain situations, such as effecting a lawful arrest. However, they are still subject to laws against excessive force and assault. Any use of force must be “objectively reasonable” under the circumstances.

Factors looked at include the severity of crime, whether suspect poses immediate danger, and whether they are resisting arrest or attempting to flee. Police are only justified in using the amount of force necessary to make the arrest and protect themselves and the public.

So an officer could face assault charges for:

• Using excessive force during arrest going beyond what’s necessary
• Injuring a suspect who has already been subdued or restrained
• Causing serious injury without justification
• Intentionally using force when it’s not legally justified

Several high profile cases of NYPD officers facing assault charges showcase how police are not immune from these laws.

Defenses for Police Officers

Common defenses we see in assault cases involving police:

• Justified use of force – the officer argues their actions were reasonable under the circumstances to protect themselves, make a lawful arrest, etc. This can be a strong defense when proper procedures are followed.
• Lack of intent – the officer may argue the injury was accidental, not intentional or reckless. Assault requires a culpable mental state.
• Self-defense – officers can claim they were defending themselves from an attack by the alleged victim. But use of force must match the level of threat.
• Qualified immunity – this prevents officers from being held civilly liable unless they knowingly violated “clearly established” rights. But it’s not a defense against criminal charges.

Assault Charges Against Other Public Employees

Assault charges can also happen with other public employees, like teachers, government workers, etc if they harm someone in their professional role.

Some examples:

• Teacher assaulting a student
• Security guard using excessive force
• Government worker attacking a customer/client

The analysis is similar to police – their job duties don’t exempt them from assault laws if they use unlawful force. Defenses like lack of intent or self-defense may apply.

Public employees do have some extra protections, such as collective bargaining rights and civil service rules governing discipline. Their union may provide legal representation. But ultimately they are not immune from criminal charges.

Prosecuting Assault Against Police and Public Employees

For prosecutors, cases against police and public employees present some unique challenges.

Police are often given the benefit of the doubt by juries. There’s an assumption they were just doing their job. So prosecutors need very strong evidence like videos, medical records, and eyewitness testimony to overcome bias.

Prosecuting fellow public employees also creates an inherent conflict of interest for the DA’s office. There may be reluctance to aggressively pursue charges.

But many prosecutors are taking these cases more seriously, especially with increased public scrutiny of police violence. High profile convictions have demonstrated officers are not above the law.

In conclusion, police officers and public employees in New Jersey do not have a blank check to use force against others. They have authority to use reasonable force in their duties, but are still subject to criminal charges if they cross the line into assault, regardless of their position. Defenses exist, but they must prove the force was justified. With proper evidence, prosecutors can overcome challenges in these cases to hold them accountable for criminal acts.

I hope this overview gives you a better understanding of how assault laws apply to police and public employees in New Jersey. Let me know if you have any other questions!