When a physical encounter in Perth Amboy New Jersey results in serious or significant bodily injury, involves a police officer or another circumstance set forth under N.J.S.A. 2C:12-1b(5) applies, you can expect an aggravated assault charge to be filed. This offense can be filed as a fourth degree, third degree or second degree crime depending on the nature of the conduct and result in injuries. Irrespective, the violation is a felony criminal offense that can result in significant penalties, including years in prison. Hiring a lawyer with the skills to effectively defend a Perth Amboy aggravated assault is an imperative given the consequences of a conviction.
Whether you charges stem from domestic violence, a bar fight, confrontation with a neighbor or another fact pattern, the attorneys at the Law Offices of Jonathan F. Marshall are equipped to successfully represent you.
If you are arrested for a violent crime like aggravated assault, your life will become unhinged. Even if you are innocent, the problems created by your arrest can have long-lasting effects on your familial relationships, employment, and reputation. Hiring an aggravated assault lawyer to represent you as early as possible is the best step you can take.
With thousands of hours defending scores of people accused of violent crimes like aggravated assault, The Law Offices of Jonathan F. Marshall are talented negotiators with aggressive courtroom skills. Combing their innate abilities with their familiarity with court procedures, our aggravated assault lawyers can help make sure your case is resolved with the best possible outcome. In Perth Amboy, contact us at 732-201-6509 to arrange a free initial consultation.
Aggravated Assault Offense in Perth Amboy
Under New Jersey statute N.J.S.A 2C:12-1, an aggravated assault is essentially any assault or attempt to assault that involves serious bodily harm, the use of a weapon or firearm, that is perpetrated against a police officer or public servant, or that is committed when attempting to flee law enforcement. There are also various other factors detailed under 2C:12-1b that will elevate a simple assault charge to an aggravated assault.
An aggravated assault will be charged in a New Jersey superior court as a first, second or third-degree indictable crime (a felony), punishable by up to 10 years in prison, depending on the severity of the victim’s injuries and whether there was a weapon involved.
A fourth-degree assault is the lowest form of aggravated assault and involves recklessly causing bodily injury. A third-degree aggravated assault involves brandishing a weapon or causing bodily injury with a weapon. A second degree aggravated assault, the highest form of aggravated assault and involves causing serious bodily injury with extreme indifference to the value of human life or injuring someone when attempting to flee or elude law enforcement.
The penalties for being convicted of a fourth-degree aggravated assault include 18 months in jail, fines, probation, and a permanent criminal record. For a third-degree aggravated assault conviction you will be looking at 3 – 5 years in a state prison, up to 5 years probation, and a felony criminal record. A conviction for first degree aggravated assault is punishable by 5-10 years in prison with a presumption of incarceration.
Defending an Aggravated Assault Charge in Perth Amboy, New Jersey
Self-defense is the most common defense to any assault charge. This is because in many cases, the person charged with an assault was also under attack. If you are being assaulted in New Jersey, you have the right to use self-defense against that assault. But, only with an amount of force that is reasonable under the circumstances.
For example, if someone is pushing you or attempting to push you, you have the right to resist and even push back. However, you don’t have the right to take out a weapon and beat them over the head with it. That would be excessive force and you would likely be convicted of aggravated assault in that case.
In addition to self-defense, there may be other factors that may suggest that the offense should be graded as a simple assault (a disorderly persons offense) rather than an aggravated assault (an indictable crime). Having an aggravated assault charge downgraded to simple assault, will mean a significant reduction in the penalties that you will face if convicted and can be the difference between mandatory incarcerated and probation.
Our expert defense lawyers have been defending people successfully for crimes like aggravated assault for decades. There is no other law firm in Middlesex County, New Jersey that surpasses the level of expertise we have in defending people of crimes like aggravated assault.
Perth Amboy, New Jersey Aggravated Assault Lawyers
If you have been charged with aggravated assault in New Jersey, our law firm can make sure that you have the best possible resolution to your case. Whether your case is resolved through a negotiated plea agreement with the prosecutor or by taking your case to trial, we will make sure that everything is done, including identifying and using all possible defenses available to you under the circumstances to make sure that the ultimate disposition of your case is in your best interest.
If you have been charged with aggravated assault in Perth Amboy, New Jersey, call The Law Offices of Jonathan F. Marshall at 732-201-6509, or contact us via our contact page to arrange a free, initial consultation.
