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Scotch Plains NJ Aggravated Assault Attorney

Aggravated Assault in Scotch Plains New Jersey

At the end of August 2017, a man from Scotch Plains wearing a “white power” T-shirt and claiming to be a “white nationalist” physically attacked another person. He was appropriately charged with aggravated assault and other crimes. That type of conduct, where someone assaults another with the chance of causing significant bodily injury, is an example of aggravated assault. Aggravated assault is a very serious charge that can likely lead to a lengthy jail sentence and heavy monetary penalties. The first step you should take if charged with aggravated assault in Scotch Plains New Jersey or anywhere else in Union County is to hire an experienced criminal defense attorney. The lawyers at The Law Offices of Jonathan F. Marshall have the kind of expertise you need. Having handled hundreds of aggravated assault cases, the attorneys at our firm can ensure that your best defense is presented. They will work hard to minimize your criminal exposure and keep you out of jail. Contact our office at 908-272-1700 for a free initial consultation with a lawyer.

Scotch Plains Aggravated Assault Charge

Aggravated assault is a felony, or what New Jersey calls an “indictable offense.” All indictable offenses will be tried in Union County Superior Court in Elizabeth. The definition of the crime of aggravated assault can be found, for your reference, at New Jersey statute N.J.S.A. 2C:12-1(b).

What constitutes aggravated assault? Be sure to consult your attorney with regard to how your specific situation fits into the aggravated assault statute. For summary purposes, it is easiest to see aggravated assault as a simple assault (some type of attack on someone else) with an added factor that makes the assault “aggravated.”

For example, causing (or attempting to cause) someone bodily injury is an assault. Yet, if you cause bodily injury while using a deadly weapon, the use of the weapon becomes the “aggravating” factor. As another example, aggravated assault occurs when someone commits an assault on a police officer. Again, you have a simple assault plus the fact that the victim is a police officer, which is the “aggravating” factor. This particular form of aggravated assault is discussed in more detail on our assault on a police officer page.

In all, N.J.S.A. 2C:12-1(b) lists 12 scenarios that constitute aggravated assault. A Marshall Firm attorney will be able to carefully evaluate the facts of your case to see if aggravated assault was truly at play in your case.

What Are The Penalties If You Are Convicted Of Aggravated Assault in Scotch Plains?

Aggravated assault is most often charged as a crime in the third degree crime. The recommended penalties for a third degree crime are 3 to 5 years imprisonment and up to a $15,000 fine.

Certain types of aggravated assaults, however, are more serious and are charged as second degree crimes. Those include causing serious bodily injury to someone, or injuring someone while eluding the police or driving a stolen car. The recommended sentence for a second degree crime is 5 to 10 years in prison and a $150,000 fine.

By contrast, there are other aggravated assault crimes that are less serious than a third degree, and are accordingly charged as fourth degree crimes. Those include recklessly causing bodily injury, pointing a firearm at someone, or committing simple assault on a police officer. The recommended sentence for a fourth degree crime is up to 18 months in prison and a $10,000 fine.

Scotch Plains Aggravated Assault Defense Lawyer

Aggravated assault charges must be taken seriously because the consequences can be severe. For that reason, you should obtain a seasoned aggravated assault lawyer to help you. We are the Law Offices of Jonathan F. Marshall and our lawyers are highly experienced in handling aggravated assault charges. An attorney at the firm is capable of assessing your case and working to have your charge downgraded to simple assault or an even lesser offense. Call 908-272-1700 for a free initial consultation.