Former County Prosecutors With Decades of Experience Defending Aggravated Assault Charges
Whether your aggravated assault charge was the result of a domestic altercation, fight at a youth sporting event, incident at a bar, an encounter with the police, or any other scenario, you shouldn’t take this offense lightly. A conviction at the Passaic County Superior Court for aggravated assault results in potential penalties that include thousands in fines, years in prison, and a permanent felony criminal record. When the ramifications for a Little Falls aggravated assault are as serious as these, you cannot afford to defend a case without the very best defense attorney you can find. The lawyers at our firm have what you need in this regard.
We are the Law Offices of Jonathan F. Marshall, one of the state’s largest criminal firms. Our impressive qualifications include over 200 years of combined experience defending clients charged with aggravated assault, former county prosecutors who have served at the highest levels, certified criminal trial attorneys, and three (3) offices located in Passaic County. Our lawyers devote their practices exclusively to criminal defense, so their knowledge and skill are formidable. To find out more about how our aggressive and innovative attorneys on our staff can make a difference in your case, contact our Clifton Office at (973) 870-4654 for a free consultation.
Little Falls Aggravated Assault Offense
Prosecutors might charge you with aggravated assault as defined in N.J.S.A. 2C:12-1(b), but there could be evidence or factors a skilled criminal defense attorney can pursue to get charges reduced to the less serious offense of simple assault defined in N.J.S.A. 2C:12-1(a). Aggravated assault requires prosecutors to present evidence proving that you engaged in one of the following types of conduct:
Causing or attempting to cause serious bodily injury to another person either purposely, knowingly or recklessly with extreme indifference to human life.
Using a deadly weapon to purposely or knowingly cause or attempt to cause bodily injury. Recklessly causing bodily injury with the use of a deadly weapon.
Knowingly pointing a firearm, whether loaded or unloaded, at or in the direction of another person with extreme indifference to human life.
Knowingly pointing a firearm at or in the direction of a police officer with extreme indifference to human life.
Aggressively operating a motor vehicle by driving it at another vehicle and purposely causing bodily injury.
Commission of a simple assault in Little Falls, a disorderly persons offense (i.e. misdemeanor), can be enhanced to the more serious violation of aggravated assault where the: (1) simple assault is committed against a person whose occupation is one of those defined as protected in N.J.S.A. 2C:12-1(b)(5), including police officers and firefighters, school teachers and administrators, emergency medical personnel, public transit employees and corrections personnel; or (2) simple assault is committed at a Little Falls youth sports activity or at a school function when there is at least one child present who is under 16 years of age. N.J.S.A. 2C:12-1(f) allows for upgrading the charge to aggravated assault regardless of whether you were aware of the presence of the child.
As you can see, it is important for your Little Falls NJ criminal defense lawyer to be capable of recognizing factual or technical issues that could prove to be a legal defense to an aggravated assault charge. Furthermore, the facts and the evidence could reveal a defense, such as self-defense, that if properly investigated and presented in court might result in a dismissal before trial or an acquittal at trial.
Penalties for an Aggravated Assault Conviction in Little Falls
The facts of a particular incident not only determine if the charge is the indictable offense of aggravated assault as opposed to simple assault, but they also affect the degree. Little Falls aggravated assault can be a crime of the second, third or fourth degrees with the severity of the penalties determined by the degree. The following are some of the penalties a judge may impose at sentencing for each degree level:
- Crime of the second degree: Five to 10 years in prison and fines up to $150,000.
- Crime of the third degree: Three to five years in state prison and fines up to $15,000.
- Crime of the fourth degree: Prison confinement for up to 18 months and fined up to $10,000.
Aggravated Assault Defense Attorneys in Little Falls New Jersey
At the Law Offices of Jonathan F. Marshall, our lawyers are dedicated to providing you with an aggressive and innovative defense to Little Falls aggravated assault charges. Call us now at (973) 870-4654 for a free consultation with an attorney who is available 24 hours a day.
