Aggravated Assault Charge in the Township of Springfield
Sometimes things get out of hand and can lead to a fight where someone is injured or even a altercation with a member of the Springfield Police Department. Such actions may result in an aggravated assault charge, which is considered a felony, or what New Jersey specifically calls an “indictable offense.” Aggravated Assault is a serious offense that may result in jail time and heavy fines. Because of the seriousness of the offense, the case is prosecuted by the Union County Prosecutor’s Office at the Union County Superior Court in Elizabeth. You absolutely must be represented by a criminal lawyer who is skilled in defending a fourth degree, third degree or second degree crime for aggravated assault when you appear in this type of proceeding.
If you have been charged with Aggravated Assault in Springfield, your first step should be to retain the services of an experienced defense attorney. The Law Offices of Jonathan F. Marshall employs a team of veteran criminal defense attorneys, most of whom are former prosecutors. That particular background gives the lawyers on our staff the benefit of a unique perspective for the benefit of our clients. An attorney will thoroughly review the facts and plan a strategy to best protect your rights. Our Springfield Criminal Lawyers are available 24/7 at 908-272-1700 for a free initial consultation.
Springfield Aggravated Assault Offense
The statute which forms the basis for a Springfield aggravated assault offense outlines twelve circumstances under which the violation can arise. For the complete list of scenarios, be sure to consult our aggravated assault page. You may also refer to the full text of this law at N.J.S.A. 2C:12-1(b).
Types of conduct that constitute Aggravated Assault. In essence, Aggravated Assault involves purposefully or recklessly causing serious bodily injury, or significant bodily injury, to another person. It can also includes pointing a firearm at, or in the direction of, another person as well as causing injury due to the use of explosive devices.
Aggravate Assault will also be charged where violence occurs while interacting with law enforcement officers. For example, a simple assault in Springfield is upgraded to Aggravated Assault when the victim is a police officer. It is also Aggravated Assault to point a firearm, imitation firearm, or laser device at a police officer. One scenario that frequently results in an Aggravated Assault charge is when a person injures another while fleeing from police or operating a stolen motor vehicle.
Important Definitions Under 2C:12-1b. An important aspect of the Aggravate Assault statute is that it differentiates between three types of injuries. They are as follows: “Bodily injury” is physical pain, sickness, or any harm to someone’s physical condition; “Significant bodily injury” is injury that creates a temporary loss of the function of any bodily member or organ, or temporary loss of one of the five senses; and “Serious bodily injury” is injury that creates a substantial risk of death or causes serious, permanent disfigurement, or harm to bodily functions.
Penalties for Aggravated Assault. A Springfield aggravated assault charge can be filed as a second degree, third degree or fourth degree crime depending on which subsection of 2C:12-1b applies. Most scenarios that constitute Aggravated Assault are graded as Third-degree crimes. However, causing serious bodily injury to another person, and causing bodily injury while fleeing the police (or driving a stolen car) are considered Second-degree crimes. Finally, recklessly causing bodily injury, pointing a firearm at someone, and committing simple assault on a police officer are graded as Fourth-degree crimes. The penalties for a second degree crime for aggravated assault include 5-10 years in prison and a fine of up to $150,000. If you are convicted of a third degree crime for aggravated assault, you face up to 5 years in prison and a fine that can reach $15,000. When aggravated assault is a fourth degree crime, sentencing can include up to 18 months in prison and a fine of up to $10,000.
Aggravated Assault & Domestic Violence. When the victim of an aggravated assault is someone protected by the New Jersey Prevention of Domestic Violence Act, they may apply for entry of a restraining order. For a detailed discussion of this subject, refer to our Springfield Domestic Violence Page.
Springfield Aggravated Assault Defense Attorney
A charge of Aggravated Assault is serious business and cannot be taken lightly so make sure you select a defense attorney who can protect your interests. The attorneys at our firm have over a century of combined experience and have successfully handle many cases just like yours with success. To take advantage of a free initial consultation with a lawyer, contact our office at 908-272-1700. Lawyers at the Law Offices of Jonathan F. Marshall are ready to assist you now.
