One of the categories of N.J.S.A. 2C:12-1(b) offense an individual can face in New Jersey involves aggravated assault resulting in significant bodily injury. While this species of this charge involves less serious injuries than an aggravated assault, it nevertheless a second degree or third degree crime. An individual arrested for violating this section may therefore, among other things, a very significant jail term. If you are facing this offense, call our office at 862-203-4070 to speak to an experienced assault attorney.
Under New Jersey law, “significant bodily injury” is defined as “bodily injury which creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses.” When an assault involves or results in an injury falling within this definition, this variety of aggravated assault offense applies. An individual may be charged with this offense under two circumstances and there are different grades of offense for each of the two.
- Third Degree. It is a third degree crime for an individual who attempts or actually causes significant bodily injury to another or, under circumstances manifesting extreme indifference to the value of human life, recklessly causes significant bodily injury.
- Second Degree. It is a second degree crime when an individual causes significant bodily injury by knowingly or purposely starting a fire or causing an explosion in violation of N.J.S.A. 2C:17-1 which results in significant bodily injury to any emergency services personnel involved in fire suppression activities, rendering emergency medical services resulting from the fire or explosion or rescue operations, or rendering any necessary assistance at the scene of the fire or explosion, including any bodily injury sustained while responding to the scene of a reported fire or explosion.
The penalties that are triggered for a second degree and third degree offense are very different and, as a result, the consequences of a charge will be different depending on which of the aforesaid sections apply.
Penalties For Aggravated Assault With Significant Bodily Injury in NJ
A conviction for aggravated assault with significant bodily injury in the third degree, gives rise to 0-5 years in jail/prison, and a fine of $15,000. For a second degree significant bodily injury aggravated assault, the jail range is 5-10 years in prison, and the monetary exposure includes a maximum fine of $150,000.
Aggravated Assault Charges in Wayne NJ
If you were charged with aggravated assault in Wayne or another municipality based on “significant bodily injury” we can help. The defense lawyers at our firm include former prosecutors and a team of 7 attorneys. A member of our staff is prepared to do what it takes to make sure you have the best opportunity to avoid a conviction. We have been representing clients charged with aggravated assault in towns like Bloomingdale, Woodland Park, Hawthorne, Paterson, Passaic City and Little Falls for a decade. Give us a call for immediate assistance at 862-203-4070.
