Monmouth County NJ Aggravated Assault Defense Lawyers
Aggravated Assault is an extremely serious crime in New Jersey, as these offenses are classified as indictable felonies under State law. Depending on the circumstances of the specific case, aggravated assault can be a second, third, or fourth degree crime, each of which entails a prison sentence and a felony charge on the defendant’s criminal record. The important factors that determine the degree of these charges include: the extent of the injuries sustained by the victim, the use or presence of a deadly weapon by the alleged offender, and the identity of the victim. Notably, an offense that may typically be considered “simple assault” will be elevated to aggravated assault if it is committed upon a person who is serving the public in some capacity, such as a law enforcement officer, school board member, or judge. Regardless of the degree of aggravated assault charges, it is crucial to consult with a knowledgeable attorney immediately in order to effectively defend yourself against these allegations.
Enlisting an experienced criminal defense lawyer is often the best decision that you can make when you or someone you love is charged with a violent crime such as aggravated assault. The attorneys at Chamlin, Rosen, Uliano & Witherington have represented numerous clients charged with offenses ranging from simple assault to terroristic threats and stalking. With our extensive experience and attentiveness to the details of each case, our attorneys diligently work toward achieving a positive outcome for our clients. For a free consultation with a member of our criminal defense team, contact our West Long Branch office today at 732-440-3950.
Aggravated Assault in NJ ~ N.J.S.A. 2C:12-1(b)
New Jersey Law codifies aggravated assault in N.J.S.A. 2C:12-1(b), stating the following with regard to these offenses:
A person is guilty of aggravated assault if he (or she):
1. Attempts 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 such injury; or
2. Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or
3. Recklessly causes bodily injury to another with a deadly weapon; or
4. Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm at or in the direction of another, whether or not the actor believes it to be loaded; or
5. Commits a simple assault upon: a law enforcement officer; paid or volunteer fireman; person engaged in emergency first-aid or medical services; school board member, school administrator, teacher, school bus driver or other employee of a public or nonpublic school or school board; employee of the Division of Child Protection and Permanency (“DCCP”) – formerly known as the Division of Youth and Family Services (“DYFS”); justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge; operator of a motorbus or the operator’s supervisor or any employee of a rail passenger service; 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; employee, including any person employed under contract, of a utility company or a cable television company; health care worker employed by a licensed health care facility to provide direct patient care, any health care professional licensed or otherwise authorized to practice a health care profession, except a direct care worker at a State or county psychiatric hospital or State developmental center or veterans’ memorial home; direct care worker at a State or county psychiatric hospital or State developmental center or veterans’ memorial home, provided that the actor is not a patient or resident at the facility who is classified by the facility as having a mental illness or developmental disability; or
6. Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer or while unlawfully operating a motor vehicle; 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 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; or
9. Knowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm at or in the direction of a law enforcement officer; or
10. Knowingly points, displays or uses an imitation firearm 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.
Penalties for Aggravated Assault in New Jersey
Aggravated Assault in Violation of Paragraph 1 – Second Degree Crime: punishable by a term of incarceration ranging from 5 to 10 years in New Jersey State Prison, 85% of which must be served before the defendant becomes eligible for parole
Aggravated Assault in Violation of Paragraph 6 – Second Degree Crime: punishable by a term of incarceration ranging from 5 to 10 years in New Jersey State Prison
Aggravated Assault in Violation of Paragraph 8 (if the Victim Suffers Significant or Serious Bodily Injury) – Second Degree Crime: punishable by a term of incarceration ranging from 5 to 10 years in New Jersey State Prison
Aggravated Assault in Violation of Paragraph 8 – Third Degree Crime: punishable by a term of incarceration ranging from 3 to 5 years in New Jersey State Prison
Aggravated Assault in Violation of Paragraphs 2, 7, 9, 10, and 11 – Third Degree Crime: punishable by a term of incarceration ranging from 3 to 5 years in New Jersey State Prison
Aggravated Assault in Violation of Paragraph 5 (if the Victim Suffers Bodily Injury) – Third Degree Crime: punishable by a term of incarceration ranging from 3 to 5 years in New Jersey State Prison
Aggravated Assault in Violation of Paragraphs 3, 4, and 5 – Fourth Degree Crime: punishable by a maximum term of 18 months in New Jersey State Prison.
Definitions Related to Aggravated Assault in New Jersey
The New Jersey Criminal Code provides specific definitions in order to qualify the varying degrees of injury involved in homicide, assault, and threat crime cases. As such, N.J.S.A. 2C:11-1 distinguishes between “bodily injury,” “serious bodily injury,” and “significant bodily injury.” Understanding the implications of these terms when evaluating a criminal case is extremely important, as the degree of injury sustained by the victim will have a direct impact on the degree of the charges against his or her alleged assailant. For complete definitions of these terms, see below.
a. “Bodily injury” means physical pain, illness or any impairment of physical condition
b. “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
c. “Deadly weapon” means any firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury or which in the manner it is fashioned would lead the victim reasonably to believe it to be capable of producing death or serious bodily injury
d. “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
Contact Wall Township NJ Aggravated Assault Lawyers for a Free Consultation
For additional information as to how the Monmouth and Ocean County aggravated assault defense lawyers at Chamlin, Rosen, Uliano & Witherington can assist you in successfully resolving your criminal case, contact our West Long Branch office at 732-440-3950. A member of our legal team will be pleased to provide you with a free consultation.