Wayne Aggravated Assault Lawyer

Former Prosecutors With Decades of Experience Defending Aggravated Assault Charges Arising in Wayne Township

Aggravated assault is an indictable crime that results in a felony record. A conviction for a Wayne NJ aggravated assault also labels you as a violent offender. This stigma is on top of the penalties that apply at the time of sentencing on an aggravated assault charge in Passaic County. Your best chance to protect your future is with legal representation by an attorney with a proven record of success defending aggravated assault charges at the Passaic County Superior Court in Paterson New Jersey.

The New Jersey criminal attorneys at the Law Offices of Jonathan F. Marshall have the skills that are needed to win your aggravated assault case. In this regard, we can offer you unique credentials that include:

  • Over 200 years of combined experience defending clients charged with aggravated assault in Wayne and elsewhere in Passaic County
  • Former county prosecutors that have served at the highest levels, for example, as the Director of Major Crimes, Domestic Violence, Guns Task Force, and an entire Trial Division
  • Certified criminal trial attorneys
  • An office conveniently located in Wayne Township

The members of our defense team limit their practices exclusively to criminal defense and most of them have special insight into police and prosecution procedures as the result of having served in the same role for decades prior to joining our practice. Contact us anytime 24/7 at  (862) 203-4070 to speak to a highly knowledgeable aggravated assault lawyer in a free consultation.

Wayne Aggravated Assault Offense

The offense of aggravated assault is contained at N.J.S.A. 2C:12-1(b) and outlines numerous scenarios that can result in an arrest for aggravated assault in Wayne NJ. The ways in which this violation can be committed, include:

  Using a deadly weapon to recklessly cause bodily injury to another person or pointing a firearm, loaded or unloaded, at another person, even if the person is not injured. N.J.S.A. 2C:2-2(b)(3) defines reckless conduct as disregarding a substantial or unjustifiable risk of which you are aware.

  Causing or attempting to cause bodily injury to another person while you are displaying a deadly weapon. This conduct is aggravated assault as a crime of the third degree and is punished more severely because the intent in pointing the weapon was to cause to the person.

  Attempting to cause serious bodily injury to another person; causing serious bodily injury purposely or knowingly; or recklessly causing serious bodily injury with extreme indifference to human life elevate the seriousness of the charges to aggravated assault as a crime of the second degree.

  Committing a simple assault against a police officer, firefighter, school teacher or other person listed in N.J.S.A. 2C:12-1(b)(5) results in the charge being elevated to aggravated assault as an indictable offense of either the third or fourth degree.

 A simple assault becomes aggravated assault as an indictable offense of the fourth degree under N.J.S.A. 2C:12-1(f) if the conduct takes place at a community youth sports activity where children under 16 years of age are present.

For purposes of determining if “serious bodily injury” exists in order to trigger aggravated assault, the question is whether someone sustained permanent scarring or disfigurement. “Bodily injury” is defined as causing physical pain or harm to someone’s physical condition.

Penalties for an Aggravated Assault Conviction in Wayne

Aggravated assault under N.J.S.A. 2C:12-1(b) is indictable so it falls outside the jurisdiction of the Wayne Municipal Court. Every offense for an aggravated assault in the county must be sent to the Passaic County Superior Court in Paterson for disposition. The degree of the Wayne aggravated assault charge to which you plead guilty or are convicted determines your punishment. The following is a breakdown of the potential penalties::

  Second Degree Aggravated Assault: A second degree crime for committing an aggravated assault in Wayne or elsewhere carries 5 to 10 years in prison and a fine of up to $150,000

  Third Degree Aggravated Assault: The penalties are 3 t0 5 years in prison and a potential fine of $15,000 for a third degree crime for aggravated assault.

  Fourth Degree Aggravated Assault: You can be sentenced to up to 18 months in prison and fine up to $10,000 for a fourth degree crime under 2C:12-1b.

If the victim of an aggravated assault is the accused’s husband or wife, boyfriend or girlfriend or someone else protected under the New Jersey Prevention of Domestic Violence Act, the conduct is considered domestic violence.  For additional information on this subject, please refer to our Wayne domestic violence page.

Our attorneys pursue all available strategies to help you avoid the harsh consequences of an aggravated assault conviction. Pretrial Intervention is a diversionary program available to first-time offenders charged with aggravated assault as a crime of the third or fourth degree.

Wayne.Wayne Aggravated Assault Criminal Defense Lawyer

Attorneys at the Law Offices of Jonathan F. Marshall are committed to protecting clients arrested for aggravated assault in Wayne from a resulting conviction. We utilize our vast experience defending and trying charges of this nature to achieve the very best resolution. To learn what an attorney on our staff can do to help you, contact our Wayne office at (862) 203-4070 for a free case consultation.