Monmouth County NJ Aggravated Assault Lawyer
Aggravated Assault is an extremely serious charge, one that requires the assistance of an experienced Monmouth County criminal defense attorney. As you will see below, the offense of aggravated assault is a felony offense in New Jersey. If convicted, a Defendant could be facing up to ten (10) years in a New Jersey State Prison and a fine up to $150,000. Aggravated assault is governed by N.J.S.A. 2C:12-1b. It is a rather complex statute and encompasses a wide variety of potential conduct. Typically, there are two major factors that will help determine what degree of aggravated assault a Defendant is charged with. Those factors are the injuries suffered by the victim and the “status” of the victim, i.e. is the victim a police officer, firefighter or EMT. The difference between the degrees could be the difference between a Defendant receiving a probationary sentence and even possibly Pretrial Intervention and a ten (10) year prison sentence subject to the No Early Release Act (NERA). In addition, anyone charged with aggravated assault could now be forced to be detained in the Monmouth County Jail, pending trial, without bail pursuant to the new bail reforms. However, before that can occur, a Detention Hearing must take place. Those hearings could be and always should be contested. To speak to one of our attorneys immediately about your options, please contact us at 732-858-6959.
Need Local Lawyer in Belmar for Aggravated Assault Charge
If you have been charged with aggravated assault in Monmouth County the Keith Oliver Criminal Law can help. Our Monmouth County criminal defense attorney have dedicated their entire careers to defending those accused of breaking the law in courts throughout New Jersey, including courts throughout Monmouth County. Over the years our attorneys have represented countless Defendants charged with assault in Monmouth County, especially in towns like Tinton Falls, Middletown, Belmar, Manasquan, Long Branch, Asbury Park, Holmdel, Red Bank, Freehold and Manalapan. If you would like to come into our Middletown Office and discuss your options face to face with one of the Monmouth County criminal defense attorneys on staff, then please contact us at 732-858-6959. We are available 24/7 to help in anyway possible and as always, our initial consultations are free of costs. This is a very serious charge, one that should not be taken lightly. Now here is a complete breakdown of the aggravated assault statute, including not only the potential penalties that someone faces if convicted but the difference between degrees as well.
How Serious is an Aggravated Assault Charge in NJ?
The offense of aggravated assault is not something to take lightly or under estimate. Pursuant to NJSA 2C:12-1b, which is the governing statute for aggravated assault, this offense can either be a second, third or fourth degree felony offense. Here is a breakdown of the different degrees, including what the state must prove beyond a reasonable doubt in order to convict a Defendant.
What are the Elements for a 2nd Degree Aggravated Assault Charge in NJ?
N.J.S.A. 2C:12-1b(1) & N.J.S.A. 2C:12-1b(6)
- 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;
- Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer {Eluding}
What Does the Prosecution Need to Prove for a 3rd Degree Aggravated Assault Case?
N.J.S.A. 2C:12-1b(2), N.J.S.A. 2C:12-1b(7), N.J.S.A. 2C:12-1b(9) & N.J.S.A. 2C:12-1b(10)
- Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or
- 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;
- Knowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm or in the direction of a law enforcement officer;
- 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.
What Must the State Prove for a 4th Degree Aggravated Assault Charge in NJ?
N.J.S.A. 2C:12-1b(3) & N.J.S.A. 2C:12-1b(4)
- Recklessly causes bodily injury to another with a deadly weapon; or
- 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.
N.J.S.A. 2C:12-1b(5) is probably the most confusing aspect of the aggravated assault statute. It in essence increase the degree of the offense if specific “person” is the alleged victim. Here is a truncated but complete breakdown of this section:
Commits a simple assault as defined in subsection a. (1), (2) or (3) of this section upon:
(a) Any law enforcement officer;
(b) Any paid or volunteer fireman;
(c) Any person engaged in emergency first-aid (EMT);
(d) Any school board member, school administrator, teacher, school bus driver;
(e) Any employee of the Division of Youth and Family Service;
(f) Any justice of the Supreme Court, judge of the Superior Court,;
(g) Any operator of a motorbus or the operator’s supervisor;
(h) Any Department of Corrections employee;
Provided the victim suffers “bodily injury”, the degree of above referenced offense will be a third degree felony, if not it will be a fourth degree.
Breakdown in Potential Injuries for Aggravated Assault
- Bodily Injury as been defined as: causing physical pain, illness, or any impairment of physical condition
- Significant Bodily Injury has been defined as: causing 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.
- Serious bodily injury as been defined as: causing 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.
What is the Sentence for Aggravated Assault in NJ? Jail time Mandatory?
What are the Potential Sentences for a 2nd Degree Aggravated Assault Case?
- N.J.S.A. 2C:12-1b(1) & N.J.S.A. 2C:12-1b(6)
- 5 to 10 Years in a New Jersey State Prison
- Fine up to $150,000
- Offense is Subject to No Early Release Act {Must serve 85% of their sentence before you can be eligible for parole}
- Felony Criminal Record
What is the Jail time for 3rd Degree Aggravated Assault?
- N.J.S.A. 2C:12-1b(2), N.J.S.A. 2C:12-1b(7), N.J.S.A. 2C:12-1b(9) & N.J.S.A. 2C:12-1b(10)
- 3 to 5 Years in a State Prison
- Fine up to $15,000
- Felony Criminal Record
Can I go to Jail for a 4th Degree Aggravated Assault Charge?
- N.J.S.A. 2C:12-1b(3) & N.J.S.A. 2C:12-1b(4)
- Up to 18 Months in a State Prison
- Fine up to $10,000
- Felony Criminal Record
*As of July 2021, anyone charged with aggravated assault under NJSA 2C:12-1(b)(13) (i.e. Strangulation) and the crime is considered a crime of domestic violence, the individual will know be facing a second degree indictable offense and not a third degree. Furthermore, since it is a second degree and not a third degree, the sentence imposed will also have to be subject to the No Early Release Act (NERA), which requires the individual to serve at least 85% of their sentence before they can become eligible for parole. For more information on strangulation charges in Monmouth County, please click the link.
Facing Multiple Felony Charges based on a Fight?
It is extremely common for individual’s to be charged with multiple ancillary felony offenses based on a fight that resulted in aggravated assault charges. Some of the more frequent charges that we see being issued along with an aggravated assault includes: unlawful possession of a weapon, possession of a weapon for unlawful purpose and aggravated assault with a deadly weapon. These charges typically stem directly from the fight itself. Some other frequent charges that we see being issued with an aggravated assault case include: obstruction of law, hindering an apprehension, eluding and resisting arrest. These charges result from conduct after the fight is over. Either way, it goes without saying but these ancillary charges make a bad situation much worse.
Can an Aggravated Assault Case be Used to Obtain a Temporary Restraining Order in NJ?
If the aggravated assault involved a domestic partner, then the defendant could also be served with a temporary restraining order. Even though the temporary restraining order would involve the same set of facts that lead to the issuance of the criminal charges, it would be separate and apart from the criminal case. An individual would be required to litigate the temporary restraining order in Family Court at what is known as a final restraining order hearing. For more information on final restraining order hearings in New Jersey, please click the link.
Need to Speak to an Lawyer about an Aggravated Assault Charge in Asbury Park
As you can tell from reading above, the potential penalties that one faces if convicted of aggravated assault in New Jersey can be life changing. If you or a loved one has been arrested and charged with aggravated assault, robbery, burglary, simple assault, unlawful possession of a weapon, terroristic threats, harassment, stalking, disorderly conduct or any other criminal offense in Monmouth County the Keith Oliver Criminal Law can help. We serve all of Monmouth County including towns like Hazlet, Tinton Falls, Eatontown, West Long Branch, Ocean Township, Freehold, Asbury Park, Highlands, Long Branch and Marlboro. To schedule a free initial consultation today please contact us at (732)858-6959.