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Milltown Aggravated Assault Lawyer
Reach A Former Middlesex County Prosecutor At Our Firm To Discuss Your Aggravated Assault Charge in Milltown New Jersey
Confrontations in Milltown that escalate into physical altercations with a police officer, teacher or a person who sustains serious or significant bodily injury frequently result in a charge for aggravated assault. If you find yourself caught up in such a situation, you are facing serious risks whether the aggravated assault is a crime of the second degree, third degree or fourth degree. Depending upon the severity any injuries to the victim, whether a weapon was used and other factors, you could even be facing up to a decade in prison. You absolutely need an experienced defense lawyer who is capable of effectively defending you if you have been charged with aggravated assault in Milltown New Jersey.
The lawyers at the Law Offices of Jonathan F. Marshall have more than 100 years of combined criminal defense experience in the municipal and superior courts throughout New Jersey. All of our attorneys devote their practices exclusively to criminal law and criminal defense. Many of them have served as municipal and county prosecutors, so they have an insight into the trial strategies used by the prosecution in aggravated assault cases. Contact us now at 732-246-7126 for a free consultation. An attorney is available to speak with you 24 hours a day and seven days a week.
Milltown Aggravated Assault Offense
What might start out as a simple assault, a disorderly persons offense under New Jersey law, could become an aggravated assault charge by the time the police in Milltown complete their investigation. Among the situations giving rise to an aggravated assault charge under N.J.S.A. 2C:12-1(b) 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.
Depending upon the identity of the victim, conduct that would be the less serious offense of simple assault can be prosecuted as aggravated assault. Simple assaults committed against any of the public servants listed in N.J.S.A. 2C:12-1(b)(5) can be charged as aggravated assault. Included among the individuals listed in the statute are the following:
Police and other law enforcement officers
Emergency medical personnel
School teachers and administrators
Health care workers
Corrections officers and employees
You could also be charged with aggravated assault if you injure someone while fleeing from the police.
The facts of a particular situation can have such an impact on whether you committed a violation of N.J.S.A. 2C:12-1(b) that 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 could be the key to avoiding a conviction. With more than a century of combined legal experience, our attorneys are more than capable of defending you.
Penalties for an Aggravated Assault Conviction in Milltown
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 or the most serious classification of crime for which you could be charged. 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
Self-defense, which is the act of defending yourself or another person against an attack, could be a defense 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 the evidence necessary to aggressively defend you.
When the victim of an aggravated assault is someone protected by the Domestic Violence Prevention Act, the conduct is considered domestic violence and allows for issuance of a temporary restraining order. This is an added complication someone faces when the assault is on a spouse, boyfriend/girlfriend or another individual protected by this law.
Many of the consequences of an aggravated assault charge can be avoided if the accused gains admission into the Pretrial Intervention program. A lawyer at our firm has the know how to help you gain admission into this diversionary program.
Milltown Aggravated Assault Attorney
At the Law Offices of Jonathan F. Marshall, our lawyers are committed to defending your rights and protecting your freedom against aggravated assault charges. Contact us today by calling 732-246-7126 to speak to an attorney in a free consultation. One of our attorneys is available 24 hours a day and seven days a week to speak with you.