Aggravated Assault Charge in the Township of Clark
Were you charged with a crime of the second degree, third degree or fourth degree for aggravated assault in Clark after getting into a fight? Did you get into a tussle with the Clark Police? A charge of aggravated assault is a serious offense that may lead to imprisonment, heavy fines, and significant imprisonment. You need a lawyer to defend your rights when faced with an aggravated assault charge in Clark Township, or any other indictable offense. The Law Offices of Jonathan F. Marshall is a team of defense lawyers with over 100 years of combined experience, including many years serving as prosecutors. Our attorneys are highly skilled in defending aggravated assault charges and have been handling these cases at the the Union County Superior Court in Elizabeth for decades. We will devise a comprehensive defense so that you can secure the very best outcome of your aggravated assault offense. Contact our Union Township office to speak to an attorney with the ability to thoroughly protect your interests.
Clark New Jersey Aggravated Assault Offense
A Clark New Jersey aggravated assault offense arises out of N.J.S.A. 2C:12-1(b). This law includes many terms and provisions that apply in the context of an aggravated assault charge in the Township of Clark. The headings below will provide you with a working knowledge of how 2C:12-1b works if you have been charged with aggravated assault.
Definitions. “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. “Serious bodily injury” is injury that creates a substantial risk of death or causes serious, permanent disfigurement, or harm to bodily functions.
10 Situations that amount to Aggravated Assault. The statute has 10 general situations in which a person can be guilty of aggravated assault. The list of scenarios under which you can be convicted of a Clark aggravated assault charge are as follows:
- Serious bodily injury. 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
- Bodily injury with a deadly weapon. 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
- Pointing a firearm. Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm at or in the direction of another, or displays a firearm at a police officer, whether or not the actor believes it to be loaded; or
- Pointing an imitation firearm. 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
- Simple assault on police officer or other state worker. Commits a simple assault on any law enforcement officer, including a member of the Clark Police Department, a fireman, a emergency medical service provider, or most other state employees acting in the performance of their duties; or
- Bodily injury while fleeing police. Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer or while operating a stolen motor vehicle; or
- Significant bodily injury. 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
- Setting a fire or explosion. Causes bodily injury by knowingly or purposely starting a fire or causing an explosion; or
- Laser used against law enforcement. Uses or activates a laser sighting system or device against a law enforcement officer; or
- Domestic violence matters. 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.
Aggravated Assault Grading & Penalties
- Second Degree Crime. If your charge is under 1 or 6 above, you are facing a crime of the second degree. Second degree aggravated assault results in 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. A conviction for aggravated assault under 2 (reckless conduct is 4th degree), 4, 7, 8, 9, or 10, is a third degree crime. Third degree aggravated assault carries 3 to 5 years in prison and a fine of up to $15,000.
- Fourth Degree Crime. Aggravated assault in Clark or any other municipality in Union County under 3 (except pointing at police is 3rd degree) or 5 (except if there is bodily injury it is 3rd degree), triggers penalties that include up to 18 months in prison and a fine of up to $10,000.
Clark Aggravated Assault Defense Lawyer
An aggravated assault charge is an indictable offense in New Jersey, requiring the case to be handled in Union County Superior Court in Elizabeth. Be sure that you have an experience criminal defense lawyer to help you understand what defenses you may have and, more importantly, the most effective way to defend the offense. The attorneys at the Law Offices of Jonathan F. Marshall embody what you need to obtain the best result in your Clark aggravated assault case. An attorney on our staff is always available to assist you and the consultation is free. Call us at 908-272-1700 to speak to one of our lawyers immediately.
