A Former Middlesex County Prosecutor At Our Criminal Defense Firm Is Ready To Defend You
Imagine going to prison and having a criminal record as a convicted felon because of an altercation with a family member or scuffle with a police officer. Either one of these situations could result in the Middlesex Borough Police Department arresting you on a charge of aggravated assault, an indictable offense classified as a felony in other states. Even after you complete your sentence, your mistake continues to take a toll on your personal life and career. Conviction of an indictable offense leaves you with a criminal record as a violent felony offender. Many employers will not hire someone with a criminal record, and if your current job requires a security clearance, you could lose it because of a conviction.
A Middlesex Borough aggravated assault lawyer from the Law Offices of Jonathan F. Marshall gives you the best chance at avoiding a conviction an aggressive and skilled defense strategy that makes use of all available defenses, including self-defense. Our attorneys devote their practices exclusively to criminal law and include former municipal and county prosecutors. Our defense team has more than 100 years of combined experience providing representation in the Middlesex County Superior Court for individuals charged with aggravated assault. Contact our Piscataway Office at (732) 562-0308 for a free consultation with one of our lawyers. An attorney is available to speak with you 24 hours a day and seven days a week.
Middlesex Borough Aggravated Assault Offense
Aggravated assault charges may arise under a number of different circumstances according to N.J.S.A. 2C:12-1(b). Among the situations giving rise to an aggravated assault charge are the following:
- 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.
Conduct that would be the less serious offense of simple assault can result in an aggravated assault charge if committed against anyone employed in various public service positions listed in N.J.S.A. 2C:12-1(b)(5), including the following:
- Police and other law enforcement officers
- Firefighters
- Emergency medical personnel
- School teachers and administrators
- Bus drivers
- Health care workers
- Corrections officers and employees
You could also be charged with aggravated assault if you injury someone while trying to get away from the police. Because the facts of a particular situation can have such an influence on determining whether you committed a violation of N.J.S.A. 2C:12-1(b), it is essential for the lawyer representing you to have the experience and legal know-how to analyze the law and the evidence and identify defenses that can be used on your behalf. With more than a century of combined legal experience, our attorneys are up to the task.
Domestic Violence Resulting from an Aggravated Assault. If the aggravated assault alleged against you was committed against someone who falls under the New Jersey Domestic Violence Protection Act, they have the ability to apply for a temporary restraining order. If this relief is granted, your situation becomes further complicated because you are then facing both a criminal offense for assault and a Family Court proceeding to determine whether a final restraining order should be put into place.
Pretrial Intervention. A diversion program is available to first time offenders charged with a fourth degree or third degree crime. This program is referred to as Pretrial Intervention and allows a defendant to avoid prosecution and a conviction by completing a period of probation.
Penalties for an Aggravated Assault Conviction in Middlesex Borough
Aggravated assault under N.J.S.A. 2C:12-1(b) is an indictable offense in New Jersey, which makes it the equivalent of a felony or the most serious criminal offense. Depending upon the facts and the evidence, aggravated assault can be charged and punished 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
Defending yourself or another person against harm could be defenses to aggravated assault charges. If the charge arises in connection with the defense of your home against an intruder, you could have a defense under N.J.S.A. 2C:3-4, which is why it is important for you to contact us as soon as possible after you have been arrested, so we can begin investigating and gathering evidence favorable to you.
Aggravated Assault Criminal Defense Lawyer
At the Law Offices of Jonathan F. Marshall, our attorneys are committed to mounting an aggressive and productive defense to help prevent a conviction for aggravated assault at the Superior Court in New Brunswick. If you were charged with aggravated assault in Middlesex Borough this level of effort by your attorney is key since a felony conviction under 2C:12-1b can severely effect you life. To take advantage of a free consultation with a lawyer at the firm to discuss the facts surrounding your assault offense, contact our office. An attorney is available immediately at (732) 562-0308.
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