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 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, 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. The new jersey aggravated assault attorneys at Breslow Law Offices have prosecuted countless aggravated assault cases while working on behalf of the State. They now utilize their extensive experience on the inside of these proceedings to effectively defend their clients in their criminal defense practice. Contact their Essex County office anytime for a free and immediate consultation.
Aggravated Assault Attorney NJ – 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
Assault Charges in NJ
The distinct levels of aggravated assault charges can be understood as follows:
4th Degree Aggravated Assault: Punishable by a period of up to 18 months in New Jersey State Prison
3rd Degree Aggravated Assault: 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
2nd Degree Aggravated Assault NJ: 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).
New Jersey Aggravated Assault Lawyer
Are you or someone you know recently charged with assault in New Jersey? Let over 40 years of experience of a new jersey aggravated assault attorney at Breslow Law Offices aggressively take on your case. Get in touch for a free case evaluation to discuss your matter. Call 973-239-8000 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 Breslow Law Offices today.