When a physical encounter results in serious injury or involves a protected victim (e.g. Police Officer), the situation can result in an aggravated assault charge. If you were arrested for this offense in Passaic County, in towns like Little Falls, Paterson, Passaic City, Clifton, Wayne, Bloomingdale, Woodland Park or Hawthorne, you should know that our lawyers are frequently successful in having the charges downgraded, dismissed and/or resolving the matter via Pretrial Intervention. Almost all of these outcomes allow our clients to avoid a felony conviction, something that can prove invaluable in the future. Give our criminal defense firm, the Law Offices of Marshall, Bonus, Proetta & Oliver a call to discuss how we would go about defending the charge of aggravated assault filed against you.
Aggravated Assault Charges in Clifton NJ: N.J.S. 2C:12-1(b)
A criminal charge for aggravated assault in New Jersey is governed by N.J.S.A. 2C:12-1(b) which provides in pertinent part:
A person is guilty of aggravated assault if he:
(1) Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or
(2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or
(3) Recklessly causes bodily injury to another with a deadly weapon; or
(4) 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
(5) Commits a simple assault as defined in subsection a. (1), (2) or (3) of this section upon:
(a) Any law enforcement officer acting in the performance of his duties…; or
(b) Any paid or volunteer fireman acting in the performance of his duties…; or
(c) Any person engaged in emergency first-aid or medical services acting in the performance of his duties…; or
(d) Any school board member, school administrator, teacher, school bus driver or other employee…; or
(e) Any employee of the Division of Youth and Family Services…; or
(f) Any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge…
(6) Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10. or
(7) Attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury; or
(8) Causes bodily injury by knowingly or purposely starting a fire or causing an explosion in violation of N.J.S.2C:17-1…; or
(9) Knowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer; or
(10) Knowingly points, displays or uses an imitation firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer with the purpose to intimidate, threaten or attempt to put the officer in fear of bodily injury or for any unlawful purpose.
What are the Penalties for Aggravated Assault in NJ?
Aggravated Assault Attorneys in Totowa NJ
Aggravated assault, as the above statute states, can be a second degree, third degree, or fourth degree charge in New Jersey depending on the circumstances of the alleged assault. The degree of force involved, the extent of the injuries to the alleged victim, and whether or not a weapon was involved will dictate whether the offense is a second degree, third degree, or fourth degree. Irrespective, an aggravated assault is an indictable criminal offense that results in a possible jail of eighteen (18) months for a Fourth Degree, five (5) years for a Third Degree, and ten (10) years in prison for a Second Degree. The maximum fine, if convicted, ranges from $10,000 to $150,000. All aggravated assault charges are handled at the Passaic County Superior Court in Paterson, NJ, unless they are remanded as a downgraded charge (e.g. simple assault).
For additional information, please contact our Wayne or Clifton law office for immediate assistance at (973)839-4007.