Aggravated Assault in the City of Linden
From bar fights, to injuring someone while eluding, to physical encounters with police, aggravated assault charges are serious and can result in significant jail time, stiff fines, and lengthy periods of parole. If you have been charged with aggravated assault in Linden, you should speak to an attorney as soon as possible. An experienced aggravated assault lawyer can quickly assess your case and find the possible defenses available to challenge the prosecutor’s charges against you. The attorneys at the Law Offices of Jonathan F. Marshall have the skills and know-how in defending Union County aggravated assault to devise an effective strategy to reduce or eliminate your criminal exposure. Having collectively over 100 years of experience handling criminal cases arising in the City of Linden and throughout New Jersey, the lawyers on our team can help you with any aggravated assault offense. Contact our Union Township office today at 908-272-1700 for a free consultation.
Linden NJ Aggravated Assault Offense
Aggravated assault is defined at N.J.S.A. 2C:12-1(b). The statute lists 12 circumstances in which a person can be guilty of aggravated assault in New Jersey, including in Linden New Jersey. The scenarios include someone who:
- Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly, or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or
- Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or
- Recklessly causes bodily injury to another with a deadly weapon; or
- Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm at or in the direction of another, whether or not the actor believes it to be loaded; or
- Commits a simple assault on any law enforcement officer, fireman, emergency medical service provider, or most other state employees acting in the performance of their duties; or
- Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer or while operating a stolen motor vehicle; or
- Attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury; or
- Causes bodily injury by knowingly or purposely starting a fire or causing an explosion; or
- Knowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm in the direction of a law enforcement officer; or
- Knowingly points, displays or uses an imitation firearm in the direction of a law enforcement officer with the purpose to intimidate, threaten or attempt to put the officer in fear of bodily injury or for any unlawful purpose; or
- Uses or activates a laser sighting system or device against a law enforcement officer; or
- Attempts to cause significant bodily injury or causes significant bodily injury purposely or knowingly to a victim of domestic violence, or recklessly causes significant bodily injury to a victim of domestic violence.
Definition of the types of Bodily Injury. To better understand the list above, please note that “bodily injury” is physical pain, sickness, or any harm to someone’s physical condition. “Serious bodily injury” means injury that creates a substantial risk of death or causes serious, permanent disfigurement, or harm to bodily functions. And “significant bodily injury” means injury that creates a temporary loss of the function of any bodily member or organ, or temporary loss of one of the five senses.
Penalties for Aggravated Assault. An aggravated assault can be a second degree, third degree, or fourth degree crime depending on which circumstance occurs in the list above. The breakdown of the grading and penalties are as follows:
- Second degree crime. If you violate numbers 1 or 6 above, the penalty could be 5 to 10 years in prison and a fine of up to $150,000. (Number 8 is also a second-degree crime if there is significant or serious bodily injury).
- Third degree crime. If you violate numbers 2, 7, 8, 9, 10, 11, or 12, the penalty could be 3 to 5 years in prison and a fine of up to $15,000. (Number 5 is also a third-degree crime if there is bodily injury).
- Fourth degree crime. If you violate numbers 3, 4, or 5, the penalty could be up to 18 months in prison and a fine of up to $10,000.
Linden Aggravated Assault Lawyers
There are a number of defenses that a knowledgeable defense attorney may pursue if you have been charged with aggravated assault in Linden. A seasoned criminal lawyer at the Law Offices of Jonathan F. Marshall has the skill required to successfully defend you utilizing any and all arguments that exist. Our attorneys are ready to assess your case immediately by calling 908-272-1700. It is clearly in your best interests to take advantage of this opportunity since initial consultations with the lawyers on staff are free of charge.
