I represented a client earlier this week who was charged with aggravated assault on a police officer and resisting arrest for an alleged crime during the Hoboken St. Patrick’s day parade. These charges were heard at the CJP Court in Hudson County, New Jersey; “CJP” stands for “Central Judicial Processing”. The charges were reviewed by the Hudson County Prosecutor’s Office and downgraded to Hoboken Municipal Court for disposition.This is a very important step for my client as the charges were downgraded from indictable criminal offenses which must be handled at the Hudson County Superior Court to disorderly persons criminal offenses which can be litigated in the Hoboken Municipal Court. For additional information, see the Joursey Journal newspaper article entitled, “Judge downgrades charges against more than dozen of those arrested during Hoboken St. Patrick’s Day celebration; Cases sent to Hoboken Municipal Court”.

The New Jersey criminal statute which governs charges for aggravated assault is N.J.S.A. 2C:12-1(b) which provides in pertinent part:

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; or

(4) Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in section 2C:39-1f., at or in the direction of another, whether or not the actor believes it to be loaded; or

(5) Commits a simple assault as defined in subsection a. (1), (2) or (3) of this section upon:

(a) Any law enforcement officer acting in the performance of his duties…; or

(b) Any paid or volunteer fireman acting in the performance of his duties…; or

(c) Any person engaged in emergency first-aid or medical services acting in the performance of his duties…; or

(d) Any school board member, school administrator, teacher, school bus driver or other employee…; or

(e) Any employee of the Division of Youth and Family Services…; or

(f) Any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge…

(6) Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10. or

(7) Attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury; or

(8) Causes bodily injury by knowingly or purposely starting a fire or causing an explosion in violation of N.J.S.2C:17-1…; or

(9) Knowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer; or

(10) Knowingly points, displays or uses an imitation firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer with the purpose to intimidate, threaten or attempt to put the officer in fear of bodily injury or for any unlawful purpose.