Assemblyman Vincent Mazzeo, D-Atlantic County. Courtesy photo.

Prompted by a recent violent attack on an Atlantic County assistant public defender by a client, a bill that would upgrade simple assault charges against a lawyer inside a criminal courtroom to aggravated assault, the same level as an assault on a law enforcement officer and certain public officials, was introduced in Trenton.

A-5589, sponsored by Atlantic County Democratic Assemblymen Vincent Mazzeo and John Armato, was introduced on June 13 and referred to the Assembly Law and Public Safety Committee.

Under the bill, the amendment to N.J.S. 2C:12-1 would apply to “any attorney in a criminal matter including but not limited to any public defender, assigned counsel, private attorney, prosecuting authority, or a member of the attorney's staff while clearly identifiable as being engaged in the performance of court related duties or, in the case of an attorney, because of his status as a member of the bar.”

A Senate version of the bill has yet to be introduced.

“We must make sure the attorneys who fight for justice every day receive justice themselves should they find themselves a victim of assault,” Mazzeo said in a statement.

The charge upgrade from simple assault to aggravated assault would apply to any violent behavior against an attorney while the attorney is performing court duties, or simply because of one's status as counsel.

It also elevates the punishment for attacks on lawyers to the same level as an assault on a law enforcement officer and certain public officials, such as judges, teachers, firemen and prison and public utility employees, among others.

Under current law, a simple assault committed against any attorney while he or she is engaging in courtroom responsibilities, or because of his or her status as a member of the bar, is a disorderly persons offense punishable by six months in prison, a fine of $1,000, or both.

Aggravated assault under the same circumstances would be a crime of the fourth degree, punishable by 18 months in prison and a fine of up to $10,000. It would be a crime of the third degree if the victim were injured, punishable by three to five years in prison and a fine of up to $15,000.

The legislation, according to Mazzeo's announcement, was prompted after an incident in an Atlantic County courtroom last month, in which an Atlantic County assistant public defender was attacked by her client, who had been accused of fatally stabbing his neighbor.

According to media reports, as the attorney spoke for her client at the hearing, her client became disruptive and insisted he did not want his counsel to represent him. After several verbal outbursts, the client lunged toward his attorney and pushed her across the room into a wall.

Following the courtroom scuffle, the client was charged with simple assault, which Mazzeo said prompted him and Armato to begin working with Atlantic County Prosecutor Damon Tyner to combat the issue of violence in the courtroom and ensure offenders are held accountable.

“Lawyers, who do not always have a choice over their clients, stand by people accused of violent crimes in what may be an incredibly stressful moment in their lives. Sometimes people don't handle the pressure well, and the attorney is caught in the crossfire,” Mazzeo said.

The bill statement said “the heightened risk of being targeted for attack in charged courtroom situations and in other settings” on attorneys was the impetus for the measure.

“Attorneys are not armed in the courtroom, nor do they receive training to defend themselves if they are attacked,” Armato said in the same release. “If they have a client who is prone to violence and receiving bad news from a judge, they may find themselves at risk.

“While we can't prevent every assault, we can hold assailants accountable for their actions,” Armato said.