You could be out with friends watching a game at your favorite sports bar and having a good time when an argument turns into a fight between you and another patron. Next thing you know, the other person is on the floor with a serious injury and police are leading you out in handcuffs and telling you they are charging you with aggravated assault, an indictable offense or felony under New Jersey law. Suddenly, your nice night out just turned into a nightmare that could send you to prison and ruin your life. Scenarios like these, including unfortunate incidents involving allegations of domestic violence and assault on a police officer, are all too common.
Hiring a skilled lawyer is probably the best thing you can do to insure that an unfortunate mishap or lapse in judgment does not turn into a life changing event. An aggravated assault lawyer from the Law Offices of Jonathan F. Marshall is well equipped to serve you in this capacity. Our attorneys limit their practices to criminal defense and include former county and municipal prosecutors with over a century of combined experience. The lawyers on our staff are capable of delivering the kind of tough and aggressive defense you want when your freedom and future are at risk. Contact our Union Office at (908) 272-1700 for a free consultation now.
Roselle Park Aggravated Assault Offense
The law pertaining to aggravated assault is set forth at N.J.S.A. 2C:12-1(b) and, while the terms might appear to be similar to that for simple assault, there are distinct differences that make simple assault a disorderly persons offense and the aggravated assault a felony. Aggravated assault charges can range from crimes of the fourth degree up to crimes of the second degree as follows:
- Aggravated assault as a crime of the fourth degree: Recklessly causing bodily injury with a deadly weapon or pointing a firearm at another person, even if it is not loaded and the person is not injured. Recklessly, as defined in N.J.S.A. 2C:2-2(b)(3), is conduct that disregards a substantial or unjustifiable risk of which you are aware. For example, if you fire a gun at bottle that is close to where another person is standing and the person is injured by glass fragments you could be charged with a crime of the fourth degree.
- Aggravated assault as a crime of the third degree: Causing or attempting to cause bodily injury to another person while you are displaying a deadly weapon is a crime of the third degree. This conduct is punished more severely because you are directing it at the victim and causing injury.
- Aggravated assault as a crime of the second degree: Attempting to cause serious bodily injury to another person; causing serious bodily injury purposely or knowingly; or recklessly causing serious bodily injury with extreme indifference to human life elevate the severity of the charges.
Committing a simple assault against police or emergency responders as listed in N.J.S.A. 2C:12-1(b)(5) can be charged as aggravated assault as a crime of the second degree. The law contains a provision targeting assaultive conduct by parents and others at school or community youth sports activities in Roselle Park and other communities within the state. N.J.S.A. 2C:12-1(f) makes a simple assault committed at such an event a crime of the fourth degree if it occurred in the presence of a child under 16 years of age. If you are charged under this section of the law, prosecutors do not have to prove you knew the child was present to convict you.
Penalties for Committing an Aggravated Assault in Roselle Park
Aggravated assault is an indictable offense, so penalties are considerably harsher than for less series crimes, such as simple assault. Possible penalties authorized under the law include:
- Crime of the second degree: Punishable by five to 10 years in prison and fines up to $150,000.
- Crime of the third degree: Punishable by three to five years in state prison and fines up to $15,000.
- Crime of the fourth degree: Punishable by up to 18 months in prison and fines up to $10,000.
You could also be ordered to pay restitution to the victim for medical bills and other expenses associated with the injuries he or she suffered. Once you complete your sentence, you are not free of the stigma of the permanent criminal record associated with a conviction. Some employers will not hire you because of it, and landlords might be reluctant to rent to someone who is a convicted felon.
Aggravated Assault Defense Attorney
A Roselle Park aggravated assault attorney from the Law Offices of Jonathan F. Marshall understands how your life can be altered and your freedom taken from you by a conviction. We take these charges as seriously as you do. Our lawyers devote the time to painstakingly review the facts and evidence to identify defenses, such as self-defense, we can use on your behalf. Contact us today by calling (908) 272-1700 to speak to a lawyer with answers and guidance you need.
