Somerset County NJ Aggravated Assault Defense Attorneys
Charges for aggravated assault can originate in a myriad of instances, including domestic violence incidents, conflicts with law enforcement officials, and during the commission of other offenses, such as a robbery. Due to the variety of offenses that may fall within the purview of aggravated assault crimes under the New Jersey Criminal Code, the degree of these charges and associated penalties are equally varied. Nonetheless, any charge for aggravated assault is considered an indictable felony, which will be adjudicated at the Superior Court in the county in which the alleged offense occurred.
The degree of these charges is determined by a number of relevant factors, including: the nature and extent of the alleged’s victims injuries, the use or presence of a deadly weapon during the commission of the alleged offense, and the position or identity of the alleged victim (i.e. a law enforcement officer or public servant). The degree of the charges then dictate the potential penalties to which a defendant may be exposed, including the length of the prison term, amount of fines, and possibility for alternatives such as probation or Pre-Trial Intervention.
At The Law Offices of Jonathan F. Marshall, our attorneys have worked on both sides of the New Jersey Justice System, as County and Municipal Prosecutors, and criminal defense lawyers. With this unique combination of experience, we bring a collaborative approach to each case in order to build the most effective defenses for our clients. Having established a nationally-renowned reputation due to our countless successes in courts across New Jersey, our legal expertise has been featured in a number of publications, media outlets, and on prime-time televisions shows, including The Star Ledger, USA Today, The Asbury Park Press, CNBC, ABC, Law & Order, and House. For a free consultation with a member of our talented criminal trial team, contact The Law Offices of Jonathan F. Marshall today.
Aggravated Assault Charges in New Jersey: N.J.S.A. 2C:12-1(b)
Under section N.J.S.A. 2C:12-1(b), aggravated assault charges may constitute any of the following:
Second Degree Aggravated Assault
- Attempt to cause a serious bodily injury or actually cause such an injury, purposely or knowingly or recklessly, under circumstances manifesting extreme indifference to the value of human life; or
- Cause bodily injury while fleeing or attempting to elude a law enforcement officer or unlawfully operating a motor vehicle
- Penalties: New Jersey State Prison term ranging from 5 to 10 years; maximum fine of $150,000
Third Degree Aggravated Assault
- Attempt to cause significant bodily injury or actually cause such injury, purposely or knowingly or recklessly, under circumstances manifesting extreme indifference to the value of human life;
- Attempt to cause significant bodily injury to another or cause significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly cause such significant bodily injury; or
- Knowingly, under circumstances manifesting extreme indifference to the value of human life, point or display a firearm, at or in the direction of a law enforcement officer; or
- Commit a simple assault upon: any law enforcement officer, any paid or volunteer fireman, any person engaged in emergency first-aid or medical services acting in the performance of his duties, any school board member, school administrator, teacher, school bus driver or other employee, any employee of the Division of Youth and Family Services, any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or Municipal Judge. (The victim must suffer bodily injury, otherwise it is a fourth degree offense)
- Penalties: New Jersey State Prison term ranging from 3 to 5 years; maximum fine of $15,000; presumption of non-incarceration for first-time offenders
Fourth Degree Aggravated Assault
- Recklessly cause bodily injury to another with a deadly weapon; or
- Knowingly under circumstances manifesting extreme indifference to the value of human life point a firearm at or in the direction of another, whether or not the actor believes it to be loaded
- Penalties: New Jersey State Prison term of up to 18 months; maximum fine of $10,000
Factors of an Aggravated Assault Case in New Jersey
As mentioned previously, one of the determining factors in an aggravated assault case is the nature and extent of the victim’s injuries. As defined by law, there are three distinct forms of injury:
- Bodily injury: means physical pain, illness or any impairment of physical condition
- Significant bodily injury: means bodily injury that creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses
- Serious bodily injury: means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ
In an aggravated assault case, a deadly weapon can include “any firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury or which in the manner it is fashioned would lead the victim reasonably to believe it to be capable of producing death or serious bodily injury.”
With regard to the sentencing guidelines associated with aggravated assault, offenses of this kind that are considered particularly violent and/or those that cause serious bodily injury may be subject to the requirements of the No Early Release Act (NERA). Defendants sentenced under NERA are required to serve 85 percent of the sentence imposed before becoming eligible for parole.
Contact our Hunterdon County NJ Aggravated Assault Defense Lawyers for a Free Consultation
To discuss your aggravated assault case with one of our highly experienced criminal defense attorneys, contact The Law Offices of Jonathan F. Marshall today. Consultations are always provided free of charge and we are pleased to answer all of your questions.