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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 The Law Offices of Jonathan F. Marshall 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.
For additional guidance as to each form of aggravated assault and the elements that must be established, you can refer to the New Jersey Model Criminal Jury Charges.
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. Whether a variety of aggravated assault is a second, third or fourth degree crime hinges one several factors, including the severity of the injury inflicted, the instrumentality used to commit the offense (e.g. weapon, firearm, etc.), the mental state of the accused and lastly the status of the victim (e.g. police officer, teacher, etc.). Irrespective of whether the resulting charge is a crime of the fourth degree, third degree or second degree, the Middlesex County Superior Court in New Brunswick is where the case must to handled. N.J.S.A. 2C:12-1(b) sets the degree of crime for each category of aggravated assault 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).
Merger of Aggravated Assault Charges. There are instances where an aggravated assault offense will merge into another criminal charge. This can arise in two contexts: (1) when the defendant is charged with multiple counts of aggravated assault against the same victim; and (2) when there is a conviction for a criminal offense to which aggravated assault is a lesser included crime.
Statute of Limitation. A criminal complaint charging someone with aggravated assault must be filed within 5 years of commission of the offense. Failure to commence prosecution within 5 years results in an absolute bar to the matter.
Expungement of an Aggravated Assault Conviction. Since aggravated assault is always an indictable crime, a defendant must wait 5 years from the date of completion of all supervision and payment of all fines and penalties before they are eligible to expunge a conviction under 2C:12-1b.
Towns That Are Served By Our Aggravated Assault Lawyers
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 The Law Offices of Jonathan F. Marshall 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.
Additional Aggravated Assault Resources That Can Be Found On This Site
|Aggravated Assault on a Police Officer||Aggravated Assault at a Youth Sporting Event|
|Aggravated Assault With a Deadly Weapon||New Brunswick Assault by Auto Defense Lawyer|
|Aggravated Assault for Pointing a Firearm||Aggravated Assault for Serious Bodily Injury|
The criminal defense attorneys at the Law Offices of Jonathan F. Marshall 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.