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Metuchen Aggravated Assault Lawyer
Charged With Aggravated Assault in Metuchen New Jersey
Former Middlesex County Prosecutors to Defend Your Second Degree, Third Degree or Fourth Degree Crime for Aggravated Assault
When a bar fight, violent disagreement with a neighbor or other physical altercation results in a Metuchen aggravated assault offense, the resulting criminal charge can land you in state prison for years. Equally as damaging is the collateral consequence of a felony record for aggravated assault that can impede employment, your obtaining a professional license, maintaining citizenship or other endeavors in your life. The best way for you to avoid the harsh penalties and ramifications of an aggravated assault charge in Metuchen New Jersey is by retaining the services of a lawyer who possesses the skills to escape a conviction.
The Law Offices of Jonathan F. Marshall has a staff of accomplished attorneys that have handled countless second degree, third degree and fourth degree crimes for aggravated assault in Middlesex County over the charges. In fact, the lawyers on our defense team have over 100 years of combined experience working at the county courthouse in New Brunswick, the place where your case will be heard if your were charged with aggravated assault in Metuchen. Call our Woodbridge Office at 732-634-0700 to take advantage of a free consultation with an attorney at our law firm.
Metuchen Aggravated Assault Offense
N.J.S.A. 2C:12-1(b) defines the conduct that can results in a Metuchen aggravated assault offense. Engaging in any of the following activities constitutes aggravated assault:
Using a deadly weapon to recklessly cause bodily injury to another person or pointing a firearm at another person, even if it is not loaded and the person is not injured could lead to your arrest. Recklessly, as defined in N.J.S.A. 2C:2-2(b)(3), is conduct disregarding a substantial or unjustifiable risk of which you are aware. For example, tossing a brick toward a group of people is considered to be reckless behavior and a violation of N.J.S.A. 2C:12-1(b) even if you did not intend to hit anyone with it.
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 aggravated assault as a crime of the third degree and is punished more severely because you are directing it at and causing injury to a particular victim.
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 seriousness of the charges to aggravated assault as a crime of the second degree.
If the victim of a simple assault is a police officer, firefighter, EMT, teacher or other person covered by N.J.S.A. 2C:12-1(b)(5), the charge becomes either a third degree or fourth degree crime for aggravated assault.
- The location at which the takes place can turn a simple assault into a more serious charge of aggravated assault. N.J.S.A. 2C:12-1(f) makes it an indictable crime of the fourth degree to commit a simple assault at a community youth sports activity where children under 16 years of age are present.
“Serious bodily injury” is any injury causing permanent scarring or other disfigurement or creating a risk of death. On the other hand, “bodily injury” is causing someone to suffer physical pain or harming the person’s physical condition.
Penalties for an Aggravated Assault in Metuchen
Aggravated assault under N.J.S.A. 2C:12-1(b) is an indictable offense in New Jersey. It is the equivalent of a felony in other states, so a conviction leaves you with a permanent record as a convicted violent felon. The distinction between aggravated assault and simple assault, which is the equivalent of a misdemeanor, depends on the facts of a particular case and the evidence prosecutors have to support the allegations. Our defense attorneys carefully review and analyze the evidence to identify defenses and weaknesses they can use to achieve a dismissal or a reduction of the charges from a felony to a misdemeanor.
Depending on the method used to commit the crime and the type of injury inflicted, the degree of the charge and the penalties judges may impose are as follows:
- Crime of the second degree: Five to 10 years in prison and fines up to $150,000.
Crime of the third degree: Three to five years in state prison and fines up to $15,000.
Crime of the fourth degree: Prison confinement for up to 18 months and fines up to $10,000.
Domestic Violence. When someone allegedly commits aggravated assault against a spouse, boyfriend/girlfriend, someone the accused was dating or similar circumstances, the conduct is considered domestic violence. A victim is given the right to secure a restraining order when this is the case. For additional information on this subject, refer to our Metuchen domestic violence page.
Pretrial Intervention. A diversionary program known as Pretrial Intervention (“PTI”) is available to first time offenders facing a third degree crime of fourth degree crime for aggravated assault. Conditional dismissal is a similar program when the charge is for Simple Assault in Metuchen.
Metuchen Aggravated Assault Defense Attorney
At the Law Offices of Jonathan F. Marshall, our client-focused and results-oriented lawyers are equipped to provide thorough protection against a conviction for aggravated assault in Metuchen. A defense attorney is available to take calls 24/7. Contact our firm for a free consultation with a lawyer who will conduct a comprehensive review of the facts of your case and advise you of the optimum course of action. Attorneys are available at 732-634-0700 whenever you need us.