New Jersey law enforcement authorities and prosecutors consider aggravated assault a severe and violent crime. As such, a conviction on aggravated assault charges carries significant penalties, including incarceration, fines, and the long-lasting stigma of a criminal record of violent offenses.
If you have been charged with aggravated assault, you must vigorously defend your rights and reputation. That starts with hiring an experienced criminal defense attorney who can review the charges against you, evaluate your options for fighting them, and pursue the outcome you deserve.
Understanding Aggravated Assault Charges
Under New Jersey law, a defendant may face aggravated assault charges for any of the following behaviors:
- Attempting to cause severe injury, purposely and knowingly causing injury, or injuring someone under circumstances demonstrating extreme indifference to human life
- Trying to cause injuries or purposely and knowingly injuring someone with a deadly weapon
- Recklessly injuring someone with a deadly weapon
- Knowingly pointing a firearm at or in the direction of another person, regardless of whether the holder believes it to be loaded, under circumstances demonstrating extreme indifference to human life
- Injuring emergency services personnel by knowingly or purposely setting a fire or explosion
- Knowingly pointing or displaying a firearm at or in the direction of a law enforcement officer under circumstances demonstrating extreme indifference to human life
- Knowingly pointing, displaying, or using an imitation firearm at or in the direction of a law enforcement officer to intimidate or threaten the officer
- Using a laser sighting system or device that a reasonable person would view as a system for aiming a firearm while pointing the laser at a law enforcement officer
- Attempting to severely injure or purposely and knowingly causing severe bodily injury upon a person who meets the definition of a domestic violence victim through their relationship with the actor
- Knowingly or recklessly obstructing a person’s breathing or blood circulation by putting pressure on the throat or neck or by blocking the nose or mouth, thereby causing or attempting to cause severe bodily injury
Committing a simple assault against specific officials while those officials execute their duties or because of the official’s position also constitutes aggravated assault. Examples of protected professions include:
- Law enforcement officers
- Firefighters
- Emergency medical personnel
- School board members or school faculty and employees
- Employees of the Division of Child Protection and Permanency
- Justices or judges of New Jersey courts
- Employees of motorbus or passenger rail companies
- Corrections officers or Department of Corrections employees
- Employees and contractors of utility and cable television providers
- Healthcare workers
Potential Penalties for Aggravated Assault in New Jersey
In New Jersey, the law grades aggravated assault as a fourth-, third-, or second-degree crime, depending on the circumstances of the offense. Penalties for an aggravated assault conviction under New Jersey law include:
- Fourth-degree aggravated assault – Up to 18 months in prison and fines up to $10,000
- Third-degree aggravated assault – Three to five years in prison and fines up to $15,000
- Second-degree aggravated assault – Five to 10 years in prison and fines up to $150,000
Common Defenses Against Aggravated Assault Charges
Various legal and factual defenses may be available to someone facing an aggravated assault case. Some of the most common defenses used in assault cases include:
- Self-Defense—A defendant can contest an aggravated assault charge by arguing that they acted in self-defense to protect themselves from imminent harm threatened by the alleged victim. The doctrine of self-defense allows a person to use reasonable, proportional force against someone threatening to injure them.
- Defense of Others—The law also allows an individual to use force to defend innocent people from imminent harm. A defendant might argue that they acted to prevent the alleged victim from attacking and injuring a third person.
- Defense of Property—A property owner can use reasonable, non-lethal force to prevent another person from damaging, destroying, or stealing their property.
- Lack of Intent—The assault statute requires the state to prove that the defendant acted purposely, knowingly, or, in some cases, recklessly. A defendant may contest an aggravated assault charge by arguing that they did not act with the requisite criminal intent.
- Mistaken Identity—Defendants may fight an assault charge by asserting that the alleged victim or eyewitnesses have mistakenly identified them as the perpetrator.
- Sufficiency of Evidence—A defendant may contest an assault charge by arguing that the prosecution lacks sufficient evidence to convict, such as a lack of witness testimony or medical evidence of injuries the alleged victim suffered.
- Lack of Witness Credibility—Defendants may challenge the prosecution’s case by undermining witness credibility, including showing that they had a poor view of the alleged assault or that they have biases or a conflict of interest.
- Procedural Errors—A defendant might seek dismissal of their case by moving to exclude evidence that investigators obtained in violation of the defendant’s rights, such as questioning them before advising them of their Miranda rights. Defendants might also seek dismissal based on procedural errors, such as violations of speedy trial rights.
Gathering Evidence and Building Your Defense
An aggravated assault defense lawyer can help you build an effective defense by independently investigating the facts of your case rather than relying on evidence turned over by investigators and prosecutors. Here are some examples of evidence that a criminal defense attorney might use to advocate for your innocence:
- Photos or videos of the scene of the alleged assault
- Police reports and arrest records
- Eyewitness statements
- Surveillance camera footage
- The alleged victim’s medical records
- Your medical records
- Medical expert testimony regarding your and the alleged victim’s wounds, including testimony opining that the alleged victim sustained offensive wounds or that you suffered defensive wounds
Contact Our New Jersey Aggravated Assault Defense Attorneys
If you are facing charges of aggravated assault, you need experienced legal counsel to help you defend your rights. Contact Keith Oliver Criminal Law today for a confidential consultation with a knowledgeable aggravated assault defense attorney. We will discuss your legal options and how we can pursue a favorable resolution to the charges against you so you can get back to your normal life.
