Aggravated Assault Charge in Westfield New Jersey
Did you get into an altercation with a police officer, or resist when an officer was trying to arrest you in Westfield? Were you arrested for pointing a weapon at someone? Did you injure someone with your car while trying to eluding the police? Those and other scenarios constitute the offense of Aggravated Assault. Unlike simple assault, the elements that elevate an assault to an “aggravated” assault lead to more serious legal penalties. In some cases, simple assault can be adjudicated in Westfield Municipal Court. However, all aggravated assault cases are handled in Union County Superior Court in Elizabeth.
Given that aggravated assault is a more serious charge than simple assault, the first thing you should do is retain a skilled criminal defense attorney. To find that lawyer, consider contacting us at The Law Offices of Jonathan F. Marshall. We have considerable expertise in aggravated assault cases and have been able to assist many, many clients facing this charge over the last few decades. The attorneys at our firm are sensitive to your needs in evaluating your case and knowledgeable legal advice, while also being aggressive on your behalf in the courtroom. The initial consultation with the lawyers on our team is completely free. So, call us today at 908-272-1700.
Westfield Aggravated Assault Offense
New Jersey statute N.J.S.A. 2C:12-1(b) defines the crime of Aggravated Assault. In this regard, an individual may face a Westfield aggravated assault offense if they:
- Seriously Injure Someone: Causing serious bodily injury, or significant bodily injury, to another person or a victim of domestic violence.
- Injure Someone with a Deadly Weapon: Purposely or recklessly causing bodily injury to another with a deadly weapon.
- Point a Firearm or Imitation Firearm at another person or police officer.
- Commit Simple Assault on a Police Officer.
- Cause bodily injury while eluding.
- Starting a fire or explosion that results in bodily injury to another.
- Using a laser sighting system.
Different Types of Injury in the Aggravated Assault Statute. While you will need to discuss these matters in more detail with your legal professional, it is helpful to know that New Jersey’s Aggravated Assault statute discusses three types of injury. First, “bodily injury” is defined as physical pain, sickness, or harm to a person’s physical condition. Second, “significant bodily injury” is defined as a temporary loss of the function of any bodily member or organ, or temporary loss of one of the five senses. Third and finally, “serious bodily injury” is defined as a substantial risk of death or causes serious, permanent disfigurement, or harm to bodily functions.
Penalties for Aggravated Assault. In the majority of cases, Aggravated Assault will be considered a third-degree crime. That means that a conviction could lead to 3 to 5 years in prison, and a $15,000 fine. However, there are certain circumstances that could increase or decrease the penalty for Aggravated Assault. Causing serious bodily injury to someone, or injuring someone while running from the police or driving a stolen car will be considered second-degree crimes, which could lead to 5 to 10 years in prison, and a $150,000 fine. Recklessly causing bodily injury, pointing a firearm at someone, or committing simple assault on a police officer will be considered fourth-degree crimes, which could lead to up to 18 months in prison, and a $10,000 fine.
Westfield Aggravated Assault Defense Lawyer
If you are facing an aggravated assault charge in Westfield, this is definitely a matter for a defense lawyer who is experienced in this area of law. The lawyers at the Law Offices of Jonathan F. Marshall are well equipped to represent you in this capacity with over 100 years of combined experience defending assault cases, including those arising in Westfield. here to help you through this ordeal. They have the depth of skill to help you navigate the complexities of the criminal process in Elizabeth, while working hard to have your case downgraded to a lesser charge like simple assault. Help from one or our attorneys is just a phone call away. Contact us at 908-272-1700 for a free initial consultation with an attorney now.
