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Aggravated Assault

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William A ProettaReviewsout of 30 reviews Keith G OliverReviewsout of 55 reviews

Somerset County NJ Aggravated Assault Lawyer

Somerset County NJ Aggravated Assault LawyersArguments are going to take place, especially between loved ones but when they turn physical things can get out of hands quickly. One of the most common criminal offenses issued in all of New Jersey is assualt. When someone is significantly injured as a result of the altercation they will most likely end up being charged with aggravated assault. Aggravated assault is a felony offense in New Jersey and depending on the underlying degree, a Defendant could be incarcerated up to a decade behind bars if convicted. In addition to that, based on the new bail guidelines that came into effect in 2017, the prosecutor’s office now has the ability to seek to have a Defendant charged with this type of offense detained the county jail, without bail, pending trial. If the prosecution is seeking to do so, they must file for a Detention Hearing. At the detention hearing it will be the prosecution’s burden to establish by clear and convincing evidence that to assure the public’s safety or the Defendant’s appearance in Court or to prevent the Defendant from obstructing the prosecution of their case that they must be detained without bail. These types of hearings can and always should be contested in New Jersey. If you would like to speak to one of our Somerset County criminal defense lawyers about your options then please contact us directly at (908)533-1064.

The criminal defense attorneys at Proetta & Oliver have been defending clients accused of crimes like aggravated assault, assault on a police officer, simple assault, assault by auto, endangering the welfare of a child and robbery in courts throughout New Jersey for years now. We are well aware that no two clients let alone no two cases are the same. As such, we take a tremendous amount of pride in being able to adapt our representation to fulfill our client’s needs. Whether that be a trial, motion practice or negotiating a favorable plea agreement. If you would like to speak to Mr. Oliver or one of the other members of the firm about your options then please contact us at (908)533-1064. We are well aware that these types of incidents can occur at all hours of the day, therefore, we try to make ourselves available 24/7 to help assist in anyway possible. We appear in courts throughout Somerset and Hunterdon County including Flemington, Somerville, Franklin, Clinton, Raritan, Bridgewater, Readington, North Plainfield, Watchung, South Bound Brook and Bound Brook. Now here is some key information on the crime of aggravated assault, including what the will separate a second degree felony from a third degree felony.

Hunterdon County NJ Aggravated Assault Attorney

All aggravated assault charges in New Jersey will be considered felony offenses. The governing statute in for aggravated assault is NJSA 2C:12-1b. This is a rather complex offense that encompasses a wide array of different conduct. As you will see shortly, there are two main subsections for this offense and they are a second degree aggravated assault and a third degree. Here is a breakdown of those two sections.

NJSA 2C:12-1b(1): 2nd Degree Aggravated Assault

  • It is important to note here that under this subsection, a Defendant can be charged with aggravated assault in the second degree if they caused serious bodily injury to another or attempted to cause serious bodily injury to another.
  • So to be convicted of this offense, the prosecution must prove the following elements:
    • That the Defendant caused or attempted to cause serious bodily injury to another; &
    • In doing so, the Defendant acted:
      • Purposely; or
      • Knowingly; or
      • Acted recklessly under circumstances manifesting extreme indifference to the value of human life.
  • Serious Bodily Injury has been defined by NJSA 2C:11-1 as any “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”.

NJSA 2C:12-1b(7): 3rd Degree Aggravated Assault

  • Just like a second degree aggravated assault, under this subsection as well, a Defendant can be charged with aggravated assault in the third degree if they caused significaint bodily injury to another or attempted to cause significantly bodily injury to another.
  • If the prosecution has charged a Defendant with a third degree aggravated assault they must be alleging the following:
    • That the Defendant caused or attempted to cause significant bodily injury to another; &
    • In doing so, the Defendant acted:
      • Purposely; or
      • Knowingly; or
      • Acted recklessly under circumstances manifesting extreme indifference to the value of human life.
  • Significant Bodily Injury has been defined by NJSA 2C:11-1d as any “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”.

NJSA 2C:12-1b(5): 3rd Degree Aggravated Assault

  • If the prosecution has charged a Defendant with a third degree aggravated assault they must be alleging the following:
    • That the Defendant purposely attempted to cause or purposely, knowingly or recklessly caused bodily injury to the victim;
    • That the victim was a police officer; &
      • That the Defendant knew that the victim was a police officer who was acting in the performance of their duties or while in uniform or exhibiting evidence of their authority; or
      • That the Defendant knew that the victim was a police officer and purposely committed the act against because of their status.
  • Bodily Injury has been defined by NJSA 2C:11-1d as “physical pain, illness or any impairment of physical condition”. Typically bodily injury is the injury required to convict a Defendant of simple assault, which is the only assaultive misdemeanor offense. In other words, what would have normally been considered as a simple assault gets elevated to an aggravated assault offense simply do to the victim’s status as a police officer.

So, when it comes to defending these types of charges it is crucial that you look to see if the type of injury alleged qualifies for the type of injury needed in order to obtain a conviction for that specific subsection. This is a very complicated offense and as such we strongly recommend that  you speak to an experienced Somerset County criminal defense lawyer as soon as possible about your options. If you would like to speak to one of our criminal defense attorneys about your options, then please contact us at (908)533-1064.

What is the Jail Time For an Aggravated Assault Charge in NJ?

As previously stated, all aggravated assault charges are felony offenses. Here is chart that helps breakdown the different subsections of the aggravated assault statute and the potential penalties if convicted.

Degree

Statute

Penalties

2nd Degree

NJSA 2C:12-1(b) 

NJSA 2C:12(b)6

  • 5 to 10 Years in Prison
    • NERA Applies*
  • $150,00 Fine
  • Felony Criminal Record
  • Restitution

3rd Degree

NJSA 2C:12-1(b)2

NJSA 2C:12-1(b)7

NJSA 2C:12-1(b)9 

NJSA 2C:12-1(b)10

  • 3 to 5 Years in Prison
  • $15,00 Fine
  • Felony Criminal Record
  • Restitution

*NERA stands for the No Early Release Act. This requires that a Defendant serve at least 85% of their sentence before they can become eligible for parole. That is one of the major differences between being charged with a third degree aggravated assault as opposed to a third degree. One other major difference is that a Defendant charged with a third degree aggravated assault has a much better chance of gaining acceptance into the Pretrial Intervention Program (PTI) when compared to a Defendant charged with a second degree. PTI is  diversionary program where by if the Defendant completes the probationary period without violating any of the terms, the underlying charges will be dismissed outright

Aggravated Assault Lawyer in Bound Brook NJ

If you have been charged with a crime like aggravated assault, terroristic threats, stalking, unlawful possession of a weapon, possession of a weapon for unlawful purpose, carjacking or robbery in Somerset or Hunterdon County, the Law Offices of Proetta & Oliver can help. These are very serious charges and as you can see from above, if not handled properly they could land a Defendant behind bars for up to a decade. Furthermore, if the incident involves a family member or a loved one, the Defendant may end up being served with a Temporary Restraining Order as well. If you would like to schedule a free initial consultation with one of our Somerset County criminal defense attorneys then please contact us at (908)533-1064. We serve all of Somerset and Hunterdon County, including towns like Manville, Bernards, Plainfield, Watchung, Green Brook, West Amwell, Flemington, Clinton, Somerville, Far Hills and Hillsborough.