Aggravated Assault Lawyer in Morristown NJ
2nd Degree Aggravated Assault Attorneys in Morris County NJ
Under the New Jersey Criminal Code, the offense of aggravated assault is either a second, third or fourth degree felony. In essence, the type of injury caused or attempted to be caused and/or the status of the victim (ie police officer or fireman etc) will dictate what degree of aggravated assault a Defendant will be charged with. Aggravated assault in the second degree is the most serious assaultive crime in the New Jersey criminal code. The governing statute in New Jersey for aggravated assault in the second degree is N.J.S.A. 2C:12-1b. As you will see below, the type of injury required for a second degree aggravated assault charge is serious bodily injury. If convicted of aggravated assault in the second degree in Morris County, in towns like Parsippany, Morristown, Dover, Mount Olive, Roxbury, Rockaway, Hanover or Montville, a Defendant will be facing up to ten years in a New Jersey State Prison and a fine up to $150,000.
If you have been charged with aggravated assault in Morris County, the Law Office of Jonathan F. Marshall can help. Our office is comprised of eight Morris County criminal defense attorneys, making our office one of the largest criminal defense firms in the State let alone Morris County. We have over 100 years of combined experience on staff, including years of prior prosecuting experience. You would be hard pressed to find a situation that we have not dealt with. If you would like to come into our Morristown office to discuss your options with one of our attorneys, we can be reached 24/7 at 973.309.7050. Now here is some key information on the offense of aggravated assault in second degree, including what type of injuries are required before a Defendant could be convicted.
2nd Degree Aggravated Assault Lawyer Parsippany NJ
As mentioned above, aggravated assault in the second degree is governed by N.J.S.A. 2C:12-1b. In order for a Defendant to be convicted of aggravated assault in the second degree, the prosecution must prove that the Defendant:
Attempted to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes injury.
The legislature has defined serious bodily injury as “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”.
What are the Penalties for 2nd Degree Aggravated Assault in NJ?
As mentioned above, aggravated assault in the second degree is the most serious assaultive crime in the New Jersey criminal code. If convicted, a Defendant faces any where between five (5) to ten (10) years in a New Jersey State Prison, a fine up to $150,000, a felony criminal record and restitution if applicable. In addition, aggravated assault in the second degree is also subject to the No Early Release Act (NERA). NERA in essence requires a Defendant to serve at least 85% of their sentence before they can become eligible for parole. Furthermore, Defendant’s charged with aggravated assault in the second degree are statutorily barred from the Pretrial Intervention Program as well. With that being said, an experienced Morris County criminal defense attorney may be able to convince the prosecution to allow a Defendant to be admitted into the Pretrial Intervention Program despite the charges.
Experienced Morris County Criminal Defense Lawyer
The Law Office of Jonathan F. Marshall has been representing clients charged with aggravated assault, eluding, robbery, burglary, simple assault, terroristic threats and possession of a weapon for unlawful purpose in Morris County for over a decade. Our team of eight criminal defense lawyers possess the experience and knowledge to successfully defend your freedom. As you can tell from above, if convicted, a Defendant not only may be scared with a permanent felony criminal record but also may spend up to a decade behind bars. If you would like to schedule a free consultation, please contact our Morristown office at 973.309.7050.