Charged With Aggravated Assault in Kenilworth NJ
There many ways that a physical encounter can mushroom into an aggravated assault charge in Kenilworth New Jersey. This is especially true when the incident involves law enforcement since what would otherwise be a simple assault is vaulted to a felony offense of aggravated assault when the victim is a Kenilworth police officer. If you have been charged with aggravated assault in Kenilworth Borough, you need to know what you are up against and certainly also need to hire an attorney. The charge you are facing carries the potential for a lengthy prison term and other consequences that cannot be taken lightly. Attempting to defend such a charge at the Union County Superior Court in Elizabeth without a skilled lawyer would certainly be foolish. Here at the Law Offices of Jonathan F. Marshall, we can offer you representation from highly experienced criminal attorneys who have been defending aggravated assault charges in Union County for well over 100 years combined. One of our lawyers, include our several ex-prosecutors, is available to assist you 24/7. Call us now at 908-272-1700 to discuss your Kenilworth aggravated assault case and obtain the answers you need.
Kenilworth Aggravated Assault Offense
A Kenilworth aggravated assault offense can come in the form of a crime of the fourth degree, third degree or second degree under N.J.S.A. 2C:12-1b. Where an alleged assault falls within this grading hinges which of the 12 subsections set forth in 2C:12-1b applies. As previously stated, the most common variety of aggravated assault involves a simple assault committed on a police officer. This is a fourth degree crime if there is no bodily injury and a third degree crime where such an injury is sustained. It is a second degree crime, the highest grade of aggravated assault, where serious bodily injury is sustained to another as the result of intentional or reckless conduct, when bodily injury is caused as the result of eluding, or where significant bodily injury is sustained as a result of a fire or explosion purposely or knowingly caused by the accused. Assault by auto is a related form of aggravated assault set forth under 2C:12-1c. Assault by auto in Kenilworth is a third degree crime if it results from a DWI or significant bodily injury is sustained. It is a fourth degree crime where neither of these conditions exist. When assault by auto involves DWI in a school zone, it is a second degree crime.
A conviction for second degree aggravated assault at the county courthouse in Elizabeth results in up to a $150,000 fine and 5-10 years in prison. The No Early Release Act also applies and this triggers a requirement that you serve at least 85% of your sentence before you may be considered for parole. A Kenilworth third degree aggravated assault results in up to 5 years in prison and a fine that can reach $15,000. Fourth degree aggravated assault carries a fine of as much as $10,000 and up to 18 months in prison. A defendant can apply for Pretrial Intervention, a diversionary program for first time offenders, to avoid these penalties.
Kenilworth Aggravated Assault Defense Lawyer
Aggravated assault is obviously a Kenilworth criminal offense that can cause significant complication in your life. This is why selecting the right defense lawyer to represent you is so important. An attorney who has considerable experience handling 2C:12-1b cases in Union County should be your target. Here at the Law Offices of Jonathan F. Marshall, the lawyers on our staff are former prosecutors who have been representing individuals arrested for aggravated assault at the Elizabeth Superior Court for decades. For a free consultation with one of the attorneys at the firm immediately, call 908-272-1700.
