Aggravated assault is not only one of the most common criminal charges issued in Morris County but it is also one of the most serious criminal offenses under the New Jersey criminal code. As you will see below, aggravated assault can be either a second, third or fourth degree felony. The difference between the three degrees of aggravated assault could be the difference between a lengthy state prison sentence and a probationary sentence. Often times a Defendant charged with aggravated assault in Morristown will also find themselves facing charges of Terroristic Threats, Stalking, Resisting Arrest, Aggravated Assault on a Police Officer or aggravated assault with a deadly weapon. In addition, since most aggravated assault fall under what is known as domestic violence, a Defendant could also find themselves facing a Final Restraining Order Hearing as well.
If you or someone you know has been charged with the offense of aggravated assault it is imperative that you seek the assistance of an experienced Morris County criminal defense attorney immediately. If convicted, a Defendant could be facing not only a lengthy state prison sentence, but also high fines, community service and court order anger management. The team of Morristown aggravated assault defense attorneys at The Law Offices of Jonathan F. Marshall fully understand what a conviction for aggravated assault can do to one’s life. Our team of Morris County criminal defense lawyers has over 200 years of combined experience on staff, including over twenty-five years of prior prosecuting experience. Our office has been defending individuals charged with aggravated assault throughout Morris County, in towns like Denville, Riverdale, Roxbury, East Hanover, Rockaway, Pequannock and Mount Olive for over fifteen years. To learn more contact our Morristown Office today at (973) 309-7050. Our attorneys are available 24/7 to answer any questions that you might have and as always, our initial consultations are always free. Now here is some important information on the offense of aggravated assault, including what exactly the State must prove before they can obtain a conviction.
Aggravated Assault Attorneys in Parsippany NJ: N.J.S.A. 2C:12-1b
How serious is aggravated assault in NJ?
The governing statute for aggravated assault in New Jersey is N.J.S.A. 2C:12-1b. As touched upon above, aggravated assault in New Jersey can be either a second, third or fourth degree felony depending on the circumstances surrounding the incident. The main factors that could control in determining what degree of aggravated assault a Defendant will find themselves facing is the “category” (see below) of the injury suffered, the status of the victim, and whether a weapon was used in the commission of the assault.
Fourth Degree Aggravated Assault / N.J.S.A. 2C:12-1(b) or (3) & (4):
- The Defendant:
- Recklessly caused injury to another with a weapon; or
- Recklessly point a gun in the direction or vicinity of another.
Third Degree Aggravated Assault / N.J.S.A. 2C:12-1(b)-2 or (7) or (8) or (9):
- The Defendant:
- Brandish / point a firearm at another; or
- Brandish / use an imitation firearm to intimidate a police officer; or
- Cause bodily injury to another with a deadly weapon; or
- Attempted to and/or caused significant bodily injury to another.
Second Degree Aggravated Assault / N.J.S.A. 2C:12-1(b) or (6):
- The Defendant:
- Attempted to and/or caused serious bodily injury to another; or
- While eluding the police there is an motor vehicle accident and someone suffers bodily injury.
What is bodily injury? Significant bodily injury? Serious bodily injury?
As you can tell from the chart above, the type of injury alleged will play a major role in what degree of aggravated assault a Defendant will find themselves facing. Here is a breakdown on how the Legislature has decided to define what serious, significant and bodily injury.
Bodily Injury:
- A Defendant:
- Caused or attempted to cause physical pain, illness or any impairment of physical condition.
Significant Bodily Injury:
- A Defendant:
- Caused or attempted to cause “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.
Serious Bodily Injury:
- A Defendant:
- Caused or attempted to cause “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 Aggravated Assault in New Jersey?
Fourth Degree Aggravated Assault:
- Up to 18 Months in State Prison
- Fined up to $10,000
- Felony Criminal Record
- Restitution if Applicable
Third Degree Aggravated Assault:
- 3-5 Years in State Prison
- Fined up to $15,000
- Felony Criminal Record
- Restitution if Applicable
Second Degree Aggravated Assault:
- 5-10 Years in State Prison (Subject to NERA)
- Fined up to $150,000
- Felony Criminal Record
- Restitution if Applicable
The No Early Release Act, (NERA) in essence requires any one convicted of one of their enumerated offense to serve at least 85% of their sentence before they can become eligible for parole. Depending on the degree of aggravated assault, defense counsel may be able to convince the Judge and the prosecution that the Defendant deserves the opportunity to participate in what is known as the Pretrial Intervention Program (PTI). PTI is a diversionary program in New Jersey, where in which if the Defendant completes the probationary period without violating any of the terms imposed by the Judge, their otherwise life altering criminal charges will be dismissed outright, without the Defendant having to serve one day in State prison. For more information the Pretrial intervention program, please checkout our Morris County PTI practice series by clicking here.
Assault Defense Lawyer in Dover New Jersey
We are all well aware that arguments will happen but when they escalate into a physical altercation the consequences can become unimaginable. As you can tell from above, depending on the degree of aggravated assault, if convicted, a Defendant could find themselves serving up to a decade behind bars. N.J.S.A. 2C:12-1 is probably one of the most confusing statute under the New Jersey criminal code. Therefore, if you have been charged with the offense of aggravated assault is New Jersey it is imperative that you speak to an experienced Morris County assault attorney immediately. The team of Morris County aggravated assault defense attorneys at the Law Office of Jonathan F. Marshall have the knowledge and skill set required to successfully defend your freedom. Our staff is comprised of eight attorneys, including four former prosecutors. If you or someone you know has been charged with aggravated assault in Morris County, in towns like Madison, Boonton, Pequannock, Florham Park, East Hanover or Dover, we can help. If you have any further questions about assault charges in New Jersey please contact our Morristown office directly at 973-309-7050.