According to authorities from the Lavallette Police Department, they were contacted regarding a break-in at a borough home shortly before 10:00 p.m. on Monday. When officers arrived on the scene, the homeowners said a man forced his way into their residence and “confronted them in their living room.”
After being told direction in which he fled, police pursued the suspect and attempted to take him into custody. Before being apprehended, they say he resisted arrest and attempted to flee by jumping into Barnegat Bay. The man in question, 29-year-old Brian Schremmer of Jersey City Avenue in Lavallette, is now facing serious criminal charges. He reportedly has multiple convictions for aggravated assault in Ocean County on his criminal record.
Now, Schremmer has been charged with burglary in connection with the initial home invasion allegations, as well as resisting arrest and aggravated assault on a police officer for his alleged actions during the incident with police. He was being held in Ocean County jail after processing.
Notably, this case raises an important issue about New Jersey assault law. Although Schremmer’s actions reportedly led to only minor injuries, an offense that would otherwise be considered simple assault in New Jersey is elevated to aggravated assault when the victim is a police officer or other public servant. A simple assault offense in NJ requires only that you attempt to cause bodily injury to another. This is considered a disorderly persons offense which is handled at the local municipal court and may result in up to 6 months in the county jail.
On the other hand, if a person is accused of simple assault on a police officer, this becomes aggravated assault. Aggravated assault is an indictable crime which is adjudicated at the Superior Court in the county where the alleged offense occurred and may result in a New Jersey State Prison sentence. Clearly, what may appear a relatively minor event, or even an attempt to injure someone, can become much more grave when the alleged victim is a law enforcement officer.
Lavallette Aggravated Assault Lawyers
If you are accused of aggravated assault or another violent crime in Lavallette or elsewhere in Ocean County, New Jersey, a conviction can hinder your life for years to come. At Proetta & Oliver, our experienced criminal defense attorneys understand the gravity of these charges and we work tirelessly to protect and defend your interests. To discuss your specific assault charges, contact our office in Toms River at (848) 238-2100. We are happy to answer all of your questions and consultations are always provided free of charge.
For additional information related to this case, access the following article: Lavallette home invasion suspect leads cops on foot chase