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New Brunswick NJ Aggravated Assault Defense Lawyer
If you are facing an aggravated assault charge in New Brunswick New Jersey, the criminal defense attorneys at Marshall Bonus Proetta & Oliver have the skills to effectively represent you. We are the largest defense team in the region with several former prosecutors on staff, including Jason Seidman, Esq., who served as a supervisor in the Middlesex County Prosecutor’s Office. We also have over a century of experience to utilize on behalf of those charged with aggravated assault in New Brunswick, Old Bridge, South Brunswick, Edison, Piscataway or other municipalities in the area. Whether your aggravated assault offense is in the Complaint stage or you have already been indicted, a lawyer with the know-how required to successfully represent you is at our firm. Contact our New Brunswick office now at 732-246-7126 for an immediate consultation.
Charged With Aggravated Assault in Middlesex County
Aggravated assault is set forth at N.J.S.A. 2C:12-1(b) of the New Jersey Criminal Code. There are eleven (11) varieties of aggravated assault contained in this statute. The following is a list of the pedigrees of aggravated assault set forth under subsection (b):
- Attempting or Causing Serious Bodily Injury;
- Attempting or Causing Bodily Injury With a Deadly Weapon;
- Recklessly Causing Bodily Injury With a Deadly Weapon;
- Pointing a Firearm at Another;
- Committing a Simple Assault on a Police Officer or Certain Other Public Employees;
- Causing Bodily Injury While Eluding;
- Attempting or Causing Significant Bodily Injury;
- Causing Bodily Injury As The Result of Fire or Explosion;
- Pointing or Displaying a Firearm in the Direction of Police;
- Pointing or Displaying an Imitation Firearm in the Direction of Police; or
- Using or Activating a Laser Sighting System or Device.
Grading & Penalties for Aggravated Assault: Second Degree, Third Degree or Fourth Degree Crime
The grading of offense and related penalties vary depending on which of the eleven (11) aggravated assault categories is involved. An aggravated assault can come in the form of a crime of the fourth degree, third degree or second degree falling exclusively within the jurisdiction of the Middlesex County Superior Court in New Brunswick. N.J.S.A. 2C:12-1(b) sets the degree of crime for each category as follows :
- (1) and (6) is a second degree crime;
- (2), (7), (9) & (10) is a third degree crime;
- (3) & (4) is a fourth degree crime;
- (5) is a crime of the third degree if the victim suffers bodily injury, otherwise it is a fourth degree crime;
- (8) is a third degree crime if the victim suffers bodily injury and a second degree crime if the victim suffers significant or serious bodily injury;
- (11) is a third degree crime.
Penalties. A conviction for fourth degree aggravated assault results in a fine of up to $10,000 and a state prison term that can reach 18 months. Third degree aggravated assault carries up to 5 years of incarceration and a fine of up to $15,000. The penalties for second degree aggravated assault include a maximum fine of $150,000 and 5-10 years in prison. In addition, the No Early Release Act applies to many of the varieties of aggravated assault previously outlined. When this sentencing requirement is triggered, the defendant is ineligible for parole until such time as he or she has satisfied 85% of the term of incarceration. This is commonly referred to as the mandatory minimum sentence or term (e.g. 8.5 years on a 10 year sentence).
Woodbridge NJ Aggravated Assault Attorney
There are many potential defenses to a Woodbridge NJ charge of aggravated assault including self-defense and consensual fighting. You may also want to file a counter-complaint against your accuser if you were also assaulted. The point is that the lawyers at Marshall Bonus Proetta & Oliver have many angles which they can pursue to avoid a conviction and penalties that apply under 2C:12-1(b). To speak to an aggravated assault attorney at the firm about your Woodbridge, Sayreville, Old Bridge, Perth Amboy or North Brunswick offense, contact our Woodbridge Office at 732-624-0700. One of our lawyers will thoroughly review the facts and law surrounding your case and provide you with insightful advice as to the most effective way to secure the best outcome on your behalf.
The criminal defense attorneys at Marshall Bonus Proetta & Oliver defend individuals facing second, third and fourth degree aggravated assault charges throughout Middlesex County including in Piscataway, Woodbridge, New Brunswick, East Brunswick, Edison, Old Bridge, Sayreville, Monroe, Carteret, Metuchen, Middlesex, North Brunswick, Perth Amboy, South Brunswick, Plainsboro, South Plainfield, South River and Spotswood NJ.
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