Clifton NJ Aggravated Assault Defense Attorney
Aggravated Assault is a serious indictable criminal offense in New Jersey. Although these charges can range in severity from fourth to second degree crimes, all aggravated assault offenses are adjudicated at the Superior Court in the county in which the alleged offense occurred. In some circumstances, simple assault charges can be elevated to aggravated assault; for instance, if the alleged victim is a law enforcement officer or public servant. In other instances, aggravated assault charges can be accompanied by weapons charges such as unlawful possession of a weapon or possession of a weapon for an unlawful purpose if the alleged assault involved the use of a weapon. Still, in other situations, these charges can overlap with restraining order proceedings if they result from an alleged domestic violence incident.
Regardless of the circumstances that give rise to aggravated assault charges, a conviction can result in a significant term of incarceration, devastating fines, and a felony conviction on your criminal record. Attorney Roy W. Breslow prosecuted countless aggravated assault cases while working on behalf of the State as an Assistant Prosecutor and then, as a Deputy Attorney General. He now utilizes his extensive experience on the inside of these proceedings to effectively defend his clients in his criminal defense practice. Contact his Essex County offices any time for a free and immediate consultation.
Aggravated Assault in New Jersey: N.J.S.A. 2C:12-1b
Aggravated Assault offenses are outlined in section N.J.S.A. 2C:12-1b of the New Jersey Criminal Code, which delineates the host of circumstances which may warrant aggravated assault charges. Overall, the degree of these charges is determined by the extent of the alleged victim’s injuries, the presence or lack of a weapon, and the identity of the victim (i.e. a law enforcement officer or other public servant).
There are different forms of injury which are critically important when determining the degree of aggravated assault charges. These definitions are classified as follows under the law:
“Bodily injury” means physical pain, illness or any impairment of physical condition
“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
“Significant bodily injury” means 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
Aggravated Assault Charges in North Caldwell or Essex County?
The distinct levels of aggravated assault charges can be understood as follows:
Aggravated Assault as a Fourth Degree Crime: punishable by a period of up to 18 months in New Jersey State Prison
Aggravated Assault as a Third Degree Crime: punishable by a term of incarceration ranging from 3 to 5 years in New Jersey State Prison; however, there is a presumption of non-incarceration for first-time offenders
Aggravated Assault as a Second Degree Crime: punishable by a period of between 5 to 10 years in New Jersey State Prison, with a presumption of incarceration even for first-time offenders. In addition, in some cases, the defendant may be required to serve 85% of the sentence imposed before becoming eligible for parole under New Jersey’s No Early Release Act (NERA).
For a comprehensive understanding of your charges, the potential penalties, and avenues that may be available to you as an alternative to conviction (such as the Pre-Trial Intervention Program) contact the Law Offices of Roy W. Breslow today.