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Marshall, Bonus, Proetta & Oliver

Morris County

NJ Criminal Defense Lawyers

973-309-7050

Our team of skilled attorneys includes former County and Municipal Prosecutors with over 100 years combined experience and is available to assist you immediately.

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3rd Degree Aggravated Assault : 2C:12-1b Penalties

3rd Degree Aggravated Assault Lawyer in Morris County NJ

Aggravated Assault Attorneys in Morristown NJ

Aggravated assault is one of the most common charges issued in Morris County, New Jersey. If you or a loved one has been charged with aggravated assault in Morris County, in towns like Morristown, Madison, Parsippany, Dover, Washington, Roxbury or Mount Olive it is imperative that you speak to an experienced criminal defense attorney immediately. The offense of aggravated assault is one of the most complex statutes under the New Jersey Criminal Code. Depending on the injuries suffered, a Defendant could be facing either a second, third of fourth degree felony. The difference between a second degree and a fourth degree felony aggravated assault charge could be the difference between a ten (10) year prison sentence or a probationary sentence, even possibly entry into the Pretrial Intervention Program. If you or a loved one has been charged with aggravated assault in the third degree, the Law Office of Jonathan F. Marshall can help. Our office has over 100 years of combined experience on staff, including years of prior prosecuting experience. If you have been charged with aggravated assault, simple assault, assault by auto, driving while intoxicated, terroristic threats or eluding and would like a free consultation then please contact our Morristown office at 973.309.7050. Now here is some key information on the offense of aggravated assault in the third degree, including what exactly the prosecution must prove beyond a reasonable doubt.

Parsiappny NJ Aggravated Assault Lawyer

As mentioned above, the offense of aggravated assault is governed by N.J.S.A. 2C:12-1b. An individual could be charged with aggravated assault in the third degree if there is probable cause to believe that the individual:

(2)Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; 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 while in uniform or exhibiting evidence of his authority or because of his status as a law enforcement officer; or

(b)Any paid or volunteer fireman acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of the duties of a fireman; or

(c)Any person engaged in emergency first-aid or medical services acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of emergency first-aid or medical services; or

(d)Any school board member, school administrator, teacher, school bus driver or other employee of a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of his duties or because of his status as a member or employee of a public or nonpublic school or school board or any school bus driver employed by an operator under contract to a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of his duties or because of his status as a school bus driver; or

(e)Any employee of the Division of Youth and Family Services while clearly identifiable as being engaged in the performance of his duties or because of his status as an employee of the division; or

(f)Any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge while clearly identifiable as being engaged in the performance of judicial duties or because of his status as a member of the judiciary; or

(g)Any operator of a motorbus or the operator’s supervisor or any employee of a rail passenger service while clearly identifiable as being engaged in the performance of his duties or because of his status as an operator of a motorbus or as the operator’s supervisor or as an employee of a rail passenger service; or

(h)Any Department of Corrections employee, county corrections officer, juvenile corrections officer, State juvenile facility employee, juvenile detention staff member, juvenile detention officer, probation officer or any sheriff, undersheriff, or sheriff’s officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority; or

(i)Any employee, including any person employed under contract, of a utility company as defined in section 2 of P.L.1971, c.224 (C.2A:42-86) or a cable television company subject to the provisions of the “Cable Television Act,” P.L.1972, c.186 (C.48:5A-1 et seq.) while clearly identifiable as being engaged in the performance of his duties in regard to connecting, disconnecting or repairing or attempting to connect, disconnect or repair any gas, electric or water utility, or cable television or telecommunication service; 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 which results in bodily injury to any emergency services personnel involved in fire suppression activities, rendering emergency medical services resulting from the fire or explosion or rescue operations, or rendering any necessary assistance at the scene of the fire or explosion, including any bodily injury sustained while responding to the scene of a reported fire or explosion. For purposes of this subsection, “emergency services personnel” shall include, but not be limited to, any paid or volunteer fireman, any person engaged in emergency first-aid or medical services and any law enforcement officer. Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this paragraph upon proof of a violation of N.J.S.2C:17-1 which resulted in bodily injury to any emergency services personnel; 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; or

(11) Uses or activates a laser sighting system or device, or a system or device which, in the manner used, would cause a reasonable person to believe that it is a laser sighting system or device, against a law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority. As used in this paragraph, “laser sighting system or device” means any system or device that is integrated with or affixed to a firearm and emits a laser light beam that is used to assist in the sight alignment or aiming of the firearm.

As you can tell, there are various different ways in which a Defendant could find themselves facing third degree aggravated assault charges. As referenced above, “bodily injury” has been defined as causing physical pain, illness, or any impairment of physical condition and “significant bodily injury” has been defined as “bodily injury which creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses”.

3rd Degree Aggravated Assault Penalties in NJ?

If convicted of aggravated assault in the third degree in New Jersey, a Defendant faces anywhere between 3 to 5 years in a State prison, a fine up too $35,000, restitution and a felony criminal record. With that being said, an experienced Morris County criminal defense attorney maybe able to convince the prosecution and the Judge that a Defendant deserves the opportunity to participate in the Pretrial Intervention Program (PTI). PTI is a program in New Jersey where in which if the Defendant completes the probationary term without violating any of the terms imposed, the then pending felony charges will be outright dismissed.

Dover NJ Aggravated Assault Attorneys

If you have been charged with a criminal offense like aggravated assault, stalking, harassment, heroin possession, marijuana distribution, cocaine possession or simple assault in Morris County, we can help. Our office has eight criminal defense attorneys on staff, making our office one of the largest criminal defense firms in the State let alone Morris County. Our team of defense lawyers have extensive experience representing clients charged with various criminal offenses in towns like Washington, Rockaway, Butler, Mendham, East Hanover, Florham Park, Morristown, Pequannock and Boonton. If you would like to come into our office to discuss your options then please contact our Morristown office at 973.309.7050.