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Aggravated Assault Involving Serious Bodily Injury
East Brunswick NJ Aggravated Assault Attorney
A major category of aggravated assault that occurs in East Brunswick involves serious bodily injury. There are two ways, namely, when someone attempts or causes serious bodily injury to another person. A conviction for either form constitutes a second degree crime that carries a state prison term that can reach 10 years. Your mission therefore needs to be finding the best aggravated assault attorney to defend your charge arising in East Brunswick, Old Bridge, Perth Amboy, Woodbridge, New Brunswick or another Middlesex County municipality. The lawyers at our firm, The Law Offices of Jonathan F. Marshall, are highly experienced former prosecutors and skilled advocates, including Jason Seidman, who former served in the Middlesex County Prosecutor’s Office. We have been in practice for over 100 years between us with countless success stories in aggravated assault cases. For a consultation with an attorney on our staff immediately, call our East Brunswick Office at 732-227-1200.
Aggravated Assault for Attempting to Cause Serious Bodily Injury
When someone attempts to cause serious bodily injury to another, their actions result in a second degree crime. The classic example of conduct falling into this category of 2C:12-1(b) offense is an actor who fires a gun or swings a bat at another person but misses. Even though there was no serious bodily injury nor connection at all with the victim, a second degree aggravated assault nevertheless results.
There are three elements that must be established to prove this charge. First, the accused must have attempted to cause serious bodily injury to another. Second, their conduct must have involved a substantial step to bring about the harm. Third, the purpose of the actor must have been to cause serious bodily injury.
Definition of Serious Bodily Injury. The New Jersey Criminal Code defines “serious bodily injury” as harm that creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Aggravated Assault for Causing Serious Bodily Injury
It naturally follows that actions that which are successful in causing serious bodily injury also constitute aggravated assault under N.J.S.A. 2C:12-1(b). Unlike an attempt, however, purpose or intent to cause serious bodily injury is not required in order to trigger this violation. All that is required is for the accused to knowingly or recklessly disregard a risk that demonstrates extreme indifference to the value of human life.
There are two elements that the prosecutor must prove in order to obtain a conviction. They must establish that the accused caused serious bodily injury to another. Second, the conduct must have been purposeful, knowing or reckless in that it manifested extreme indifference to the value of human life. This offense often arises in tandem with a charge for assault by auto where driving while intoxicated, while using a cell phone, texting or other reckless circumstances result in serious bodily injury to another.
Old Bridge Aggravated Assault Lawyer
Old Bridge is one of the fastest growing municipalities in Middlesex County. It is therefore understandable that the town has its share of aggravated assault charges. Whether you were arrested to trying to cause bodily injury or because you actually harmed someone in this manner, a lawyer at The Law Offices of Jonathan F. Marshall is equipped to defend you. Our staff of knowledgeable criminal attorneys has over a century in practice combined and is ready to do what is required in order to give you the best chance of a favorable outcome. To speak to a lawyer at the firm immediately, call our New Brunswick Office at 732-246-7126 for a free consultation.