Linden NJ Aggravated Assault Defense Lawyers
The City of Linden is one of the busiest municipalities in Union County in terms of criminal charges like aggravated assault resulting from eluding the police. If you were arrested because you caused someone to be injured while attempting to elude police, you definitely need to consult an attorney immediately because a prison sentence will likely be imposed if you are convicted since this is a second degree crime. The defense lawyers in our Union Township Office include several former prosecutors and a team that possesses over a century of criminal experience. We have extensive know-how in defending aggravated assault charges in Elizabeth at the Superior Court. Whether you had an accident while eluding in Linden, Union, Clark, New Providence, Roselle Park or another town, a lawyer with the tools to protect you is available immediately at The Law Offices of Jonathan F. Marshall. To reach us anytime 24/7, call 908-272-1700.
N.J.S.A. 2C:12-1(b)(6): Aggravated Assault for Injuries While Eluding Police
N.J.S.A. 2C:12-1(b) sets forth all the ways someone can commit the offense of aggravated assault in New Jersey. Subsection (6) of this law sets forth eluding related injuries as a circumstance which triggers an aggravated assault. The precise language of the statute renders a person guilty of this charge if they:
“Cause bodily injury to another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10. Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this paragraph upon proof of a violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10 which resulted in bodily injury to another person.”
This offense is a second degree crime and is what we refer to as a strict liability offense. If the actor causes injuries to another person while eluding or attempting to commit a car theft, the violation has been established. The following five elements must be established by the prosecutor, beyond reasonable doubt, to prove this charge: (1) the defendant was the operator of a motor vehicle; (2) received a signal to stop by the police; (3) fled or attempted to elude the officer; (4) the actions of the accused caused bodily injury to another; and (5) the conduct was knowing.
Second degree aggravated assault for eluding results in penalties that include a fine of up to $150,000 and 5-10 years in prison. There is also a mandatory minimum sentence that must be imposed if you plead or are found guilty of this charge. You will be ineligible for parole for at least one-third and as much as one-half of the term imposed.
Plainfield NJ Aggravated Assault Defense Attorneys
There is a presumption of incarceration when someone causes bodily injury to another during the course of eluding. What this means is that you will likely be sent to prison if you cause injury to another after a member of the Plainfield Police Department or anther law enforcement agency directs you to stop your vehicle. It will require representation from a skilled lawyer in order to avoid imprisonment and this is precisely why you should contact the Law Offices of Jonathan F. Marshall. Our defense attorneys defend eluding related aggravated assault charges throughout Union County, including in Berkeley Heights, Scotch Plains, Springfield, Hillside and Fanwood. To speak to an attorney on our defense team now, call our office in Union Township at 908-272-1700.
