Aggravated Assault Involving Serious Bodily Injury
Roselle NJ Aggravated Assault Defense Lawyers
There are many scenarios under N.J.S.A. 2C:12-1(b) that someone can be charged with aggravated assault in the Borough of Roselle or elsewhere in Union County. One of the ways aggravated assault can arise is by attempting or causing serious bodily injury to another person. If you were arrested in Roselle, Westfield, Springfield, Summit, Cranford or another town for aggravated assault, your case will be heard at the county courthouse in Elizabeth since it has jurisdiction to decide indictable crimes. The lawyers at The Law Offices of Jonathan F. Marshall have been defending clients charged with this offense at the Elizabeth Superior Court for decades with success. Many of the attorneys are former prosecutors who have witnessed the workings of the court system from the opposite perspective. Call our Union NJ Office to speak to an attorney on our 100 plus year experienced defense team. We can be reached 24/7 for free consultation at 908-272-1700.
Aggravated Assault Offense for Serious Bodily Injury
There are several ways that aggravated assault can result under N.J.S.A. 2C:12-1(b)(1). The first way is by attempting to cause serious bodily injury to another person. The second situation where the charge is triggered is where someone purposely or knowingly causes serious bodily injury. The third and final scenario resulting in a violation under subsection (b)(1) applies where serious bodily injury results from conduct that is reckless and represents extreme indifference to the value of human life. This last variety of aggravated assault often arising in the context of assault by auto.
Definition of Serious Bodily Injury. Serious bodily injury means an injury that creates 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.”
Grading of Offense. A conviction for attempting or causing serious bodily injury under the circumstances previously set forth results in a second degree crime.
Penalties. The penalties for aggravated assault in the second degree include 5-10 years in prison. This second degree crime also has the potential for a fine of up to $150,000.
No Early Release Act (“NERA”). A plea or finding of guilt for aggravated assault under N.J.S.A. 2C:12-1(b)(1) triggers the No Early Release Act. This sentencing provision requires that an individual serve at least 85% of their jail/prison sentence before they may be considered for parole.
Westfield NJ Aggravated Assault Defense Attorney
Aggravated assault is an offense that effects all walks of life just like domestic violence so it makes sense that a suburban community like Westfield has its share of 2C:12-1(b) cases just like municipalities like Hillside, Linden, Elizabeth, Plainfield and Rahway. When the charge is as serious as this second degree crime, you need to retain a defense attorney with the knowledge and skill to avoid a conviction. A result that falls short of an amendment of the offense or an outright acquittal will not help you. This is why you should strongly consider contacting The Law Offices of Jonathan F. Marshall. Our Union County criminal attorneys have been defending aggravated assault charges in this court system for decades.