If you have been arrested and charged with aggravated assault in Sayreville New Jersey, there are several things you need to know about this offense. The first thing you need to know is that while your aggravated assault offense was filed in the Borough of Sayreville, it is a crime of the second, third or fourth degree that can only be dealt with at the Middlesex County Superior Court in New Brunswick.
You are facing a criminal charge that carries serious penalties. A conviction for committing a Sayreville aggravated assault exposes you to a state prison term. Your sentence may also include a period of parole ineligibility since some forms of this offense, including a second degree crime for aggravated assault, require that you serve 85% of your imprisonment before you are eligible for parole.
When you are facing consequences as severe as these, you need an experienced aggravated assault lawyer protecting your interests. The attorneys at the Marshall Law Firm are former prosecutors and seasoned litigators with over a century of collective experience defending charges at the county courthouse in New Brunswick, including those arising in Sayreville NJ. Contact our East Brunswick office at 732-201-6509 or another convenient location to speak to an attorney immediately.
Aggravated Assault Charge in Sayreville New Jersey
The New Jersey Assault Law is contained at N.J.S.A. 2C:12-1. Subsection (b) sets for the offense of aggravated assault. An individual can face a second degree, third degree or fourth degree aggravated assault charge if they:
- Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
- Negligently causes bodily injury to another with a deadly weapon; or
- Attempts by physical menace to put another in fear of imminent serious bodily injury.
- Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in section 2C:39-1f., at or in the direction of another, whether or not the actor believes it to be loaded; or
- Commits a simple assault as defined in subsection a. (1), (2) or (3) of this section upon: … (any law enforcement officer, public servant or employee of a the state or local government).”
(N.J.S.A. 2C:12-1b). The severity of the penalties for aggravated assault depend on the grade of crime charged. The headings below outline each variety of aggravated assault you can face in Sayreville and the penalties that apply to each.
- Second Degree Crime. A second degree aggravated assault is punishable by five (5) to ten (10) years in a state penitentiary with a presumption of incarceration. This implies that although you may have no previous criminal record, you will be sentenced to a period of incarceration in a state penitentiary anyway. This charge commonly comes about when an individual causes or attempts to cause serious bodily injury to another knowingly, purposely, or recklessly, and with extreme indifference to the value of human life; or while fleeing or attempting to elude a law enforcement officer.
- Third Degree Crime. A third degree aggravated assault is punishable by three (3) to five (5) years in a state penitentiary with a presumption of non-incarceration, which implies that if you have no previous criminal record, you may be regarded as a good candidate for probation instead of incarceration. This charge arises out of an individual causing considerable bodily injury to another with a deadly weapon, knowingly, purposely, or recklessly; or pointing or displaying a firearm at or in the direction of a law enforcement. The most common variety of third degree aggravated assault is assault on a police officer.
- Fourth Degree Crime. A fourth degree aggravated assault is punishable by up to eighteen (18) months in jail and usually stems from an individual recklessly causing bodily injury to another with a deadly weapon; or knowingly pointing a firearm at or in the direction of someone else, regardless of whether he or she believed it to be loaded, or not.
If you are a first time offender and meet other eligibility requirement, you can be admitted into Pretrial Intervention. This program, which is commonly referred to as PTI, allows you to avoid a conviction and penalties for a Sayreville aggravated assault provided a period of probation is successfully completed.
Sayreville Aggravated Assault Defense Attorney
The best way to determine what you are up against in terms of an aggravated assault charge and your options in terms of successfully defending the offense is to speak to one of our knowledgeable aggravated assault lawyers. An attorney on the defense team of The Law Offices of Jonathan F. Marshall is available for a confidential, no-cost, no-obligation consultation. To speak to a lawyer immediately obtain the details of your arrest, call our office at 732-201-6509. Attorneys are available to assist you any time of day 365 days a year.
