Are you facing aggravated assault charges in New Jersey? If so, you might be wondering how your criminal history and prior convictions could affect the outcome of your case. Past convictions could lead to a longer prison sentence and otherwise affect the terms of your incarceration. This, in turn, can have long-lasting consequences that follow you after your release, affecting your personal relationships and professional or financial opportunities.
Given the potentially severe consequences that a criminal record can have on a subsequent assault conviction, it’s critical to speak with an experienced defense lawyer as soon as possible. Contact Keith Oliver Criminal Law today to discuss your legal options in a free consultation session with a lawyer for assault charges.
Types of Assault and Threat Charges in New Jersey
New Jersey’s assault statute defines two types of assault offenses: simple and aggravated assault. Simple assault in NJ occurs when someone:
- Attempts to cause or purposely, knowingly, or recklessly causes injury to another person
- Negligently injures another person with a deadly weapon
- Attempts to use physical menace to put another person in fear of imminent injury
In most cases, New Jersey grades simple assault as a disorderly persons offense, which is equivalent to a misdemeanor in other states. Exceptions exist if the offense occurs during a fight that all parties enter voluntarily, in which case it becomes a petty disorderly persons offense.
State law defines aggravated assault as any of the following:
- Attempting to cause serious bodily injury, knowingly or purposely causing injury, or causing injury under circumstances manifesting an extreme indifference to human life
- Attempting to cause or purposely or knowingly causing significant bodily injury with a deadly weapon
- Recklessly causing injury with a deadly weapon
- Knowingly pointing a firearm at or in the direction of another person with extreme indifference to the value of human life, regardless of whether the person doing so believes it is loaded
- Causing injury while fleeing or attempting to elude law enforcement
- Attempting to cause severe injury or purposely or knowingly causing severe injury under circumstances exhibiting extreme indifference to human life
- Injuring emergency services personnel by knowingly or purposely causing a fire or explosion
- Pointing or displaying an imitation firearm at or in the direction of a law enforcement officer to threaten or intimidate them
- Using a laser device or system that resembles a laser pointer used to aim firearms against a law enforcement officer
- Knowingly or recklessly obstructing a domestic violence victim’s breathing or blood circulation by applying pressure to the throat or neck or blocking the nose or mouth
Acts of simple assault could also become aggravated assault offenses under certain circumstances, such as when someone commits assault against:
- A law enforcement officer performing their official duties while in uniform or exhibiting evidence of authority, or because of the officer’s status as a law enforcement officer
- A paid or volunteer firefighter in the performance of the firefighter’s duties while in uniform or otherwise clearly engaged in firefighting duties
- An emergency first-aid or medical services technician acting in the course of their duties while in uniform or clearly engaged in emergency medical services
- A school board member, school administrator, teacher, school bus driver, or other public or private school employee performing their official duties or because of their status as a school or school board employee
- Any employee of the Division of Child Protection and Permanency engaging in their official duties or because of the person’s status as an employee of the Division
- Any justice of the New Jersey Supreme Court or judge of any New Jersey court performing judicial duties or because of the person’s status as a member of the judiciary
- A motorbus or rail employee engaging in their duties or due to their status as a public employee
- Any Department of Corrections employee or sheriff’s officer engaging in their official duties while in uniform or because of their status as an officer or employee
- Any utility or cable television employee who is connecting, disconnecting, or repairing service
- Any healthcare worker or licensed healthcare professional, except for a direct care worker at a public psychiatric hospital, developmental center, or veterans’ memorial home
- Any direct care worker at a public psychiatric hospital, developmental center, or veterans’ memorial home, provided the actor has no mental illness or developmental disability
Criminal Records and Their Implications
A criminal record can have severe consequences if you are convicted of a new crime. It can also affect your personal and professional life long after you serve your sentence and have legal consequences for future criminal cases.
Legal Consequences of Prior Convictions
Prior convictions can have severe implications on a subsequent case, as courts use sentencing guidelines that account for your criminal history when determining your sentence upon conviction.
For example, in the federal criminal justice system, prior convictions affect your criminal history level, increasing the range of possible sentences. Federal and state sentencing guidelines also allow courts to consider prior convictions as an aggravating factor during sentencing. Criminal punishments are meant to deter future wrongdoing, and courts presume that subsequent convictions mean that previous disciplinary actions were inadequate for that task. Some laws also automatically impose harsher punishments when someone commits a second or subsequent offense under the same statute.
When conviction leads to incarceration, prison officials will consider an inmate’s criminal record when determining their placement and potential liberties or restrictions. Prior violent convictions could also lead prison officials to place inmates in more restrictive housing if officials believe their criminal history indicates they might pose a threat to security.
Impact on Employment and Housing
Criminal records can also restrict your personal, professional, and financial options long after you’ve completed a sentence. Your criminal record can appear on background checks by prospective employers, landlords, or lenders, who might balk at hiring or doing business with someone who has a criminal record. This risk increases considerably if that record includes violent crimes or fraud or theft crimes.
Some criminal convictions can also disqualify you from employment or housing opportunities. As a result, you might find it challenging to get a job, secure housing, or qualify for financial services after release from incarceration, which can complicate your reentry into society.
Social and Personal Consequences
A criminal conviction can have far-reaching consequences beyond legal penalties and economic difficulties. A conviction can disrupt personal relationships, as family members and friends may be uncomfortable spending time around someone who has committed a violent crime. A criminal record can make traveling harder, especially internationally, so opportunities to enjoy leisure time with loved ones can become limited. And while this is not the case in New Jersey, some jurisdictions do not extend voting rights to those with felony or felony-equivalent convictions on their records.
The psychological impact of these limitations is often profound, which can lead to depression, anxiety, and lower self-esteem. Collectively, these challenges can create a cycle of disadvantage, making it difficult to reintegrate into society and move past the conviction.
Defense Strategies for Assault Charges
Depending on the circumstances of your assault case, your criminal defense attorney might employ various defense strategies as they seek to reduce or dismiss the charges against you or pursue an acquittal at trial. The defenses your lawyers might use to fight assault charges in New Jersey could focus on demonstrating:
- Self-Defense or Defense of Others: You used reasonable, proportional force to protect yourself or others from imminent injury.
- Defense of Property: You used reasonable, non-lethal force to prevent others from damaging, destroying, or stealing your property.
- Lack of Intent: There is insufficient evidence that you knowingly, purposely, or recklessly caused injury or sought to put another person in fear of imminent harm.
- Consent: You and the other party agreed to fight or spar with one another.
- Evidentiary Challenges: The prosecution obtained its evidence or statements in violation of your constitutional rights, or there is insufficient evidence to bring the case to trial.
How Can a Criminal Defense Lawyer Help?
If you’ve been charged with assault, a criminal defense lawyer can safeguard your rights and reputation and pursue a favorable outcome to your case by:
- Independently investigating the charges rather than relying solely on the prosecution’s evidence
- Gathering all available facts and evidence to identify possible defense strategies
- Evaluating viable defenses and formulating a case strategy
- Moving to exclude inadmissible or unlawfully obtained evidence
- Contesting the basis of the prosecution’s case
- Exploring alternative dispositions that allow you to avoid the most severe consequences
- Going to court to advocate your innocence at trial if necessary
Contact Our New Jersey Assault Defense Attorneys Today
Being arrested on suspicion of aggravated assault in New Jersey with prior convictions is a frightening experience. If you are facing aggravated assault charges and have a criminal record, you need and deserve an experienced criminal defense attorney to protect your rights, freedom, and future.
Contact Keith Oliver Criminal Law today for a free, confidential consultation with a Freehold, NJ, assault charge lawyer. We’ll listen to your story, discuss your options, and work tirelessly to pursue a favorable resolution to your case.