Aggravated assault charges can arise in South Amboy in an number of ways. Most often, the offense of aggravated assault arises out of a fight or incident of domestic violence. However, the truth is that N.J.S.A. 2C:12-1b sets forth eleven (11) different ways in which a individual may be charged with aggravated assault, including:
- Causing or attempting to cause serious or significant bodily injury to someone
- Causing or attempting to cause bodily injury with a deadly weapon
- Committing a simple assault on a police office, teacher or another individual afforded heightened protection by law
Irrespective of the circumstances that gave rise to your being arrested for aggravated assault in South Amboy New Jersey, it is essential that you hire a skilled lawyer since the consequences of a conviction are dire. You will have a felony record, face years in prison and be subject to a host of other collateral consequences that can be life altering. An attorney who has a track record of successfully defending an aggravated assault charge is your best weapon in averting the impact of this offense.
Attorneys at the Law Offices of Jonathan F. Marshall have the qualities that you need to successfully defend an aggravated assault offense at the Middlesex County Superior Court in New Brunswick. We are former prosecutors that make up one of the largest criminal teams in the state. It also helps that we have over 100 years of combined experience effectively defending individuals in your shoes. Call 732-210-9021 to speak to a lawyer free of charge anytime 24/7.
Aggravated Assault Offense in South Amboy New Jersey
Pursuant to N.J.S.A 2C:12-1(b), aggravated assault is an indictable offense (a felony). A conviction under this law results in a crime of the second degree, third degree or fourth degree, depending on the facts and circumstances surrounding the charge. One of the primary implications of the aforesaid is that your case will not be be dealt with in South Amboy Municipal Court but rather the Middlesex County Superior Court at 56 Paterson St, New Brunswick, NJ 08903.
An aggravated assault charge is graded as either a third-degree or second-degree offense in New Jersey. A third-degree offense is punishable by 3-5 years in a state prison with a presumption of non-incarceration, meaning that if you have no prior convictions on your record, you may be sentenced to probation instead of incarceration.
On the other hand, a second-degree offense is punishable by 5-10 years in prison with a presumption of incarceration. This means that it is presumed that if you are convicted, you will be incarcerated for a minimum of 5 years, even if you have no prior convictions.
What differentiates a third and second-degree aggravated assault charge in New Jersey is the amount of force used and the extent of the alleged victim’s injuries. For example, if a weapon was allegedly used to commit the crime, it will be graded as a second-degree offense.
But, even if no weapon was used, and the victim suffers severe injuries, such as broken bones, cuts that requires stitches, or any type of serious bodily injury, then it is second-degree offense.
On the other hand, if the alleged victim’s injuries or minor, i.e., bruises, a swollen lip, or a simple black eye, it will be graded as a third-degree offense.
You should also know whenever a simple assault is committed on a police officer, teacher, firemen, EMT or another individual protected under 2C:12-1b(5), it results in aggravated assault. When bodily injury sustained to the police officer or other protected victim, the offense is a third degree crime. It is a fourth degree crime if there is no injury.
Defending an Aggravated Assault Charge in South Amboy, New Jersey
Self-defense is often employed when the assault charge arises from a bar fight, an altercation on the street, or when you and another individual are involved in an altercation where you needed to defend yourself. If we can prove that you feared for your safety and acted to defend yourself against the threat of harm from the other person, the charge may be dismissed completely (an absolute defense).
Defense of others is another absolute defense in New Jersey, meaning that if we can prove that you acted in defense of others, the charge should be dismissed completely. For example, if an individual or group of individuals is threatening or attempting to harm a person who is unable to defend themselves, and someone is injured while you are attempting to protect that person, we may be able to convince the state that to drop the charges completely.
South Amboy Aggravated Assault Defense Attorneys
Aggravated assault is one of the more common felony crimes that arise in South Amboy and at the county courthouse in New Brunswick. Not surprisingly, the defense attorneys at our firm have considerable experience handling 2C:12-1b offenses. In fact, the team of lawyers at the Law Offices of Jonathan F. Marshall has been handling aggravated assault cases for over a century. Most of the members of our team have also served as prosecutors, including at the Middlesex County Prosecutor’s Office. An attorney with the attributes needed to defend your case is available by calling 732-210-9021. A lawyer is available immediately to help you.
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