Courts We Serve
- 18 February, 2018
- 27 December, 2016
- 26 December, 2016
South Plainfield Aggravated Assault Lawyer
Aggravated assault is one of the more common South Brunswick New Jersey indictable criminal charges heard at the Criminal Division of the Middlesex County Superior Court in New Brunswick. This assault offense usually arise in social environments such as bars, parties, sporting events, and domestic situations. If you have been charged with aggravated assault in South Plainfield, you are probably very concerned and with good cause. The penalties for aggravated assault are severe and warrant your finding the very best lawyer you can find.
Aside from potentially having to serve a prison sentence, an individual who is convicted for committing an aggravated assault in South Brunswick will have a felony conviction on their record. This can result in their losing their job, a professional license, eligibility for certain occupations and immigration status. In fact, it is the many collateral consequences of having a felony record for aggravated assault that will dog your life long after you have served whatever criminal sentence the judge imposes for your conviction. This is all the more reason why you should vigorously defend the charge at all costs. A gifted defense attorney is exactly the weapon needed to avoid the consequences of a fourth degree, third degree or second degree crime for aggravated assault.
The Law Offices of Jonathan F. Marshall is a team of experienced criminal defense lawyers and former prosecutors who have long and successful track records in defending clients against serious criminal charges like aggravated assault. Our staff includes Jason Seidman, a former supervisor in the Middlesex County Prosecutor’s Office. If you were arrested in South Plainfield for a aggravated assault offense, one of our attorneys will diligently fight for a dismissal and/or minimum penalties available. To obtain a free initial consultation with a criminal lawyer at the firm, call us anytime 24/7 at 732–227–1200.
South Plainfield Aggravated Assault Offense
Aggravated assault is an assault which New Jersey law punishes more severely than a simple assault because of the seriousness of the offense. When this occurs, an indictable criminal case that can only be heard at the County Courthouse in New Brunswick NJ arises. Factors that can raise a simple assault to an aggravated assault include the degree to which the victim is injured, the use of a weapon, the status of the victim, and the exact nature of the offense (when and where).
Pursuant to New Jersey statute N.J.S.A 2C:12-1b, aggravated assault is either a second degree, third degree, or fourth degree crime (all felonies), depending on the unique circumstances of the offense, for example:
- It is a second degree crime which carries 5-10 years in prison to commit an assault that results in serious bodily injury or is committed while eluding the police.
- An assault with a deadly weapon or that involves pointing a firearm at a law enforcement officer is a third degree crime which carries 3 – 5 years in prison.
- An assault that involved recklessly causing bodily injury with a deadly weapon or pointing a firearm at someone is a fourth-degree crime carrying up to 18 months in prison.
Although there are different types of behavior that constitute aggravated assault under 2C:12-1b, what they all have in common is some element of serious or significant bodily injury, use of a deadly weapon or special status of a victim.
Serious bodily injury can mean broken bones, lost teeth, internal injuries, loss of consciousness, or any unspecified injury that results in impairment or the need for involved medical treatment. A dangerous weapon does not have to be a knife or a gun to result in aggravated assault since any object or substance capable of being used to cause serious bodily injury or death is considered “deadly” under the law. Lastly, when we refer to “special status” of a victim resulting in aggravated assault, we are referring to the provisions of N.J.S.A. 2C:12-1b(5). The most commonly resulting 2C:12-1b(5) aggravated assault arises when simple assault is committed on a police officer or teacher. When a victim of assault is a public employee afforded this heightened protection (e.g. South Plainfield Police Officer), a simple assault mushrooms into a felony crime.
Defending an Aggravated Assault Charge in South Plainfield New Jersey
In order to be guilty of aggravated assault, it had to be knowing or intentional. If the incident was precipitated accidentally, then it was not intentional or knowingly. There are also other possible defenses to an aggravated assault charge. One is denial, meaning that you did not commit the assault. Another is self-defense, meaning that you were reasonably defending yourself or another person, and in doing so, this was the outcome.
The bottom line is, in order to convict you in a court of law, the prosecution has to prove each and every element of its case beyond a reasonable doubt. This is where the assistance of an experienced defense attorney can be a huge benefit. Only an experienced aggravated assault lawyer will be able to identify elements of your case upon which a successful defense strategy can be built.
South Plainfield NJ Aggravated Assault Defense Lawyers
The aggravated assault defense lawyers at the Law Offices of Jonathan F. Marshall will defend you aggressively and vigorously. An attorney who knows how to present your most effective arguments against a conviction and to achieve the best possible outcome in your case is ready to speak to you in a no obligation consultation. Contact our New Brunswick Office at 732–227–1200 for the sound guidance from a knowledge lawyer you need in this challenging time. Attorneys are available around the clock to take your calls so to not hesitate call us whenever needed.