Charged With Aggravated Assault in Elizabeth New Jersey
Being convicted of a violent crime like aggravated assault has the potential to devastate your family, your career, and your reputation. Our goal as criminal defense attorneys is to help people who have been charged with criminal offenses achieve the very best outcomes to their legal issues, whether they have been falsely accused of a crime or have simply made a terrible mistake.
We realize that once you need legal representation, it can be difficult to decide which attorney you should hire to represent your interests. But, as seasoned trial veterans and former prosecutors with over 100 years of combined experience defending cases in Elizabeth, our lawyers know that when you choose us, you will receive the legal representation you deserve.
If you or a loved one has been charged with aggravated assault in Elizabeth, New Jersey or elsewhere in Union County, call the Law Offices of Jonathan F. Marshall at 609–683–8102 for a no-cost, confidential, consultation with a knowledgeable Elizabeth aggravated assault lawyer.
Aggravated Assault Offense in Elizabeth New Jersey
The offense of aggravated assault can be found at N.J.S.A. 2C:12-1b of the New Jersey Criminal Code. An individual commits aggravated assault under this law if they:
- Attempt to cause serious bodily injury to another, or causing such injury purposely or knowingly under circumstances manifesting extreme indifference to the value of human life, or recklessly causes such injury; or
- Attempt to cause or knowingly causing bodily injury to another with a deadly weapon; or
- Recklessly causing bodily injury to another with a deadly weapon; or
- Aim a weapon at another knowingly under circumstances manifesting extreme indifference to the value of human life.
In New Jersey, aggravated assault is an indictable or felony level offense. This means that it will be handled at the Union County Superior Court located at 2 Broad St, Elizabeth, NJ 07201, irrespective of the individual circumstances of the charge. This is one of the major characteristics that differentiate aggravated assault from simple assault which is a misdemeanor handled in Elizabeth Municipal Court.
Aggravated assault can be charged as a crime of the second degree, third degree, or fourth degree under 2C:12-1 depending on the extent of the injuries the alleged victim has suffered, occupation of the victim and whether or not a weapon was used in the commission of the offense.
- Second Degree Aggravated Assault. A second degree crime for aggravated assault is punishable by 5-10 years in a state prison with a presumption of incarceration. This means that even if you have no prior criminal record, it is presumed that you will be sentenced to time in a state prison. This charge usually involves a person causing or attempting to cause serious bodily injury to another knowingly, purposely, or recklessly, and with extreme indifference to the value of human life; or while fleeing or attempting to elude a law enforcement officer.
- Third Degree Aggravated Assault. A third degree crime for aggravated assault is punishable by 3-5 years in a state prison with a presumption of non-incarceration, meaning that if you have no prior criminal record, you will be considered a good candidate for probation in lieu of incarceration. This relates to a person causing significant bodily injury to another with a deadly weapon, knowingly, purposely, or recklessly; or pointing or displaying a firearm at or in the direction of a law enforcement. It also applies where the victim who is a police officer, fireman, EMT, teacher or other protected governmental employee sustains bodily injury.
- Fourth Degree Aggravated Assault. A fourth degree crime for aggravated assault is punishable by up to 18 months in prison and can arise out of a person recklessly causing bodily injury to another with a deadly weapon; or knowingly pointing a firearm at or in the direction of another, whether he or she believes it to be loaded, or not. Fourth degree aggravated assault also applies where a simple assault without bodily injury is committed on a police officer, teacher, EMT, firearm or other protected governmental employee.
Elizabeth NJ Aggravated Assault Lawyers
If you or a loved one has been charged with aggravated assault in Elizabeth, NJ, you have a problem you cannot ignore. And it will only get more difficult to ignore, the closer you get to your court date, whether you are guilty or not.
In fact, every year, scores of people are wrongly convicted of criminal charges like aggravated assault. Many on the basis of false witness testimony or circumstantial evidence. And that doesn’t even include the people who plead guilty simply to avoid a trial because of fear of being wrongfully convicted.
But we can help. Call the Law Offices of Jonathan F. Marshall to speak to an defense attorney who will protect your liberty, your rights, and your future. Our team includes battle tested trial lawyers who will not waiver irrespective of the circumstances of your Elizabeth aggravated assault offense. To speak to one of our attorneys immediately contact our office anytime 24/7. A lawyer is ready for your call at (908) 272-1700.
