More details to this question:
We live in NJ. Yesterday, my brother was arrested. He is 18. It was senior skip day, and his friends parents allowed them to have a party and he got way too bombed that they kicked him out. Friends picked him up and brought him home where he was so incoherent, he tried fighting my dad. He had to clue what was going on and couldn't be controlled cause he was so bombed that my dad's friend called the cops. The cops tried arresting him and he fought back. He was charged with 3 counts of aggravated assault on an officer and held on 46,000 dollar bail. This is his first offense. They also wrote in the complaint that he was fully aware that he was attacking officers, he doesn't even remember the day or night and theyou admitted that he was gone out of his mind. What should we do? What are the penalties?
1 ANSWER
Anthony Van Zwaren
Usually aggravated assault involves weapons but of course the fact that there were police involved may change factors. The fact that he may have been bombed may have to do with intent, but this is an issue that might require a showing by an expert that he was totally incapacitated due to his intoxication (you don't say whether it was alcohol or drugs of course, but when you say bombed I presume it was alcohol). The first thing you need to do is consult a criminal law attorney. Obviously, an attorney can discuss the need for evidence, what witnesses your brother might have to prove that he was "bombed" or that he did not act with excessive force, so that at least the charges can be downgraded if not dismissed. Usually there will be a hearing in Superior Court where the prosecutor will decide whether to indict or whether to send the case down to Municipal Court.
Answered on Jun 03rd, 2016 at 12:02 PM