NJ Aggravated Assault Lawyers – Your Guide to Understanding Aggravated Assault Charges in New Jersey

Being charged with aggravated assault in New Jersey can be an incredibly stressful and frightening experience. These charges carry severe penalties that can impact your freedom, finances, and future.

That’s why it’s critical to have an experienced NJ aggravated assault lawyer on your side. The legal team at My Firm has extensive experience defending clients facing aggravated assault allegations in New Jersey.

In this guide, we’ll walk you through everything you need to know about NJ aggravated assault laws. We’ll break down the specific charges, penalties, and possible defenses. Our goal is to educate you on your rights and options if you’re facing aggravated assault charges in New Jersey.

What is Aggravated Assault in New Jersey?

Aggravated assault is an indictable offense under NJ statute 2C:12-1. This law establishes both simple and aggravated assault charges in New Jersey. The main factor distinguishing the two is the presence of additional circumstances that enhance simple assault to aggravated assault.

According to 2C:12-1, a person is guilty of aggravated assault if they:

• Attempt to cause serious bodily injury to another person
• Cause injury purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to human life
• Cause bodily injury with a deadly weapon
• Attempt by physical menace to put another in fear of imminent serious bodily injury

As you can see, aggravated assault involves an assault that is committed in a more violent, dangerous, or reckless manner. Some examples of aggravated assault include:

• Shooting someone with a gun
• Stabbing or slashing someone with a knife
• Beating someone with an object like a baseball bat
• Strangling or suffocating someone
• Intentionally running someone over with a vehicle

Simply put, aggravated assault charges are much more serious than basic simple assault charges in New Jersey. The penalties are significantly higher as well.

Degrees of Aggravated Assault in NJ

There are different degrees of aggravated assault charges in New Jersey:

First Degree Aggravated Assault

This is the most serious degree of aggravated assault in NJ. It typically applies when the assault results in serious permanent bodily injury such as:

• Loss of a body part
• Loss of a bodily function
• Disfigurement
• Loss of an organ

First degree aggravated assault is a crime of the first degree in New Jersey. It carries a sentence of 10-20 years in state prison and a fine of up to $150,000. There is also a presumption of incarceration, meaning jail time is almost guaranteed if convicted.

Second Degree Aggravated Assault

Second degree aggravated assault involves causing serious bodily injury to another person. Serious bodily injury means temporary loss of a body function, temporary disfigurement, or broken bones. Second degree aggravated assault carries 5-10 years in prison and a fine of up to $150,000.

Third Degree Aggravated Assault

Third degree aggravated assault is the most common degree seen in New Jersey. It involves situations such as:

• Threatening another person with a deadly weapon
• Recklessly causing bodily injury with a deadly weapon
• Knowingly under circumstances manifesting extreme indifference to human life pointing a firearm at or in the direction of another
• Knowingly under circumstances manifesting extreme indifference to human life pointing a firearm at or in the direction of a vehicle the person knows or reasonably should know to be occupied

Third degree aggravated assault is a crime of the third degree in NJ. It carries a sentence of 3-5 years in prison and a fine of up to $15,000.

Fourth Degree Aggravated Assault

This lowest degree of aggravated assault involves causing bodily injury to another person with a deadly weapon. The bodily injury does not rise to the level of “serious” bodily injury. Fourth degree aggravated assault is a crime of the fourth degree in New Jersey. It carries up to 18 months in jail and a fine of up to $10,000.

Defenses to Aggravated Assault Charges in NJ

When facing aggravated assault allegations, there are several legal defenses that could potentially get the charges reduced or dismissed. Some possible defenses include:

Self Defense

If you acted in self defense against an aggressor, you may be able to avoid conviction. Self defense applies when you use reasonable force to protect yourself or another person from imminent bodily harm.

Lack of Intent

If the assault was an accident where you didn’t intend to harm the other person, this could negate the intent element required for a conviction.

Misidentification

Eyewitness misidentification is a common cause of wrongful convictions. If you have an alibi or the victim wrongly identified you, the charges could get dismissed.

Intoxication

Voluntary intoxication can be used as a defense to negate intent for crimes that require purposeful or knowing action. This doesn’t apply to strict liability crimes like DUI.

Mental Illness

In some cases, mental illness can provide a complete defense to criminal charges if it prevented you from understanding the nature of your actions or knowing right from wrong.

An experienced criminal defense attorney can evaluate the details of your case to determine if any viable defenses apply. The sooner you retain legal counsel after an arrest, the better.

The Importance of an Aggressive Defense

Simply hiring any lawyer is not enough when facing aggravated assault charges in New Jersey. These are serious felony offenses that call for an aggressive and strategic defense.

At My Firm, our NJ aggravated assault attorneys have a proven track record of success in these cases. We know how to exploit weaknesses in the prosecution’s case, raise doubt about guilt, and fight for the best possible outcome for our clients.

We have achieved many favorable results for clients facing aggravated assault allegations, including:

• Complete dismissals of all charges
• Reductions to less serious charges like simple assault
• Avoiding mandatory minimum prison sentences
• Securing probation instead of years behind bars

When your freedom, rights, and future are on the line, you need strong legal representation. Don’t leave the outcome to chance.

Contact a NJ Aggravated Assault Lawyer Today

If you or a loved one are facing aggravated assault charges, the experienced criminal defense attorneys at My Firm are here to help. Contact us for a free consultation or call us at 555-555-5555. We are available 24/7 to take your call and start building your customized defense strategy right away.