Aggravated Assault

NJ Aggravated Assault Lawyer

New Jersey Criminal Defense Attorney Helps You Win Your Aggravated Assault Case

Aggravated assault charges don’t always stem from violent or dangerous altercations. And just because you’ve been charged with aggravated assault certainly doesn’t mean that you are a violent or dangerous person. Sometimes, a person can be charged with aggravated assault simply because they got into a verbal argument and things quickly spiraled out of control. Regardless of the circumstances, however, a conviction on aggravated assault charges in New Jersey could have catastrophic consequences. That is why you need to speak with an NJ aggravated assault lawyer as soon as possible and get started building a strong defense.

Do you face aggravated assault charges in Hackensack, Paramus, Mahwah, or somewhere else in New Jersey? Then NJ criminal defense attorney Frank T. Luciano can help you. Contact Mr. Luciano now to schedule a free initial consultation.

N.J.S.A. 2C:12-1(b) – New Jersey Aggravated Assault Law

The New Jersey criminal code sets forth the law for aggravated assault in N.J.S.A. 2C:12-1(b). This statute lists the different actions or conduct that can lead to a person being arrested and criminally charged with aggravated assault in NJ, in addition to listing the various factors that can affect the severity of the charges. Since aggravated assault is classified as a crime (i.e., felony), all of the possible charges for aggravated assault carry severe penalties.

Second Degree Aggravated Assault:

Second degree aggravated assault charges in New Jersey are typically reserved for the most serious kinds of assaults. These usually include actions that result in the victim sustaining significant injuries. For instance, the statute declares that a person is guilty of second degree aggravated assault if they purposely or knowingly cause serious bodily injury to another, or if they do so “under circumstances manifesting extreme indifference to the value of human life.”

However, it is not always necessary for the defendant to have actually injured someone else. A person can also be charged with second degree aggravated assault if they merely attempt to cause serious bodily injury. This is meant to discourage anyone from even thinking about harming someone in a way that places that individual’s life in jeopardy.

The statute also explicitly protects law enforcement officers and firefighters by stipulating that a person is guilty of second degree aggravated assault if they cause bodily injury to anyone else “while fleeing or attempting to elude a law enforcement officer” or as a result of “starting a fire or causing an explosion.” Here, it is important to note that the injury does not have to be sustained by the police officer who is pursuing the suspect – if any other person suffers an injury during the pursuit, the offender can be charged with the highest degree of aggravated assault. Similarly, if any emergency services personnel – not just firefighters – suffer an injury while trying to put out a fire started by the defendant, then the defendant can be charged with second degree aggravated assault.

Third Degree Aggravated Assault:

When a person uses a deadly weapon such as a firearm, knife, or other dangerous object to injure someone, it is possible that third degree aggravated assault charges will apply. When it comes to this part of the statute addressing handguns and other weapons, the language is extremely broad: the use of just about any weapon in a fight or scuffle can trigger third degree assault charges.

In fact, it is not even necessary for the offender to actually cause injury while using a weapon. The statute explicitly states that a person is guilty of third degree aggravated assault if they merely attempt to use a deadly weapon to cause bodily injury.

The NJ criminal code also singles out the use of weapons against police officers and other law enforcement officers. One subsection stipulates that a person who even points or displays a handgun or other firearm against a law enforcement officer can be charged with third degree aggravated assault. Moreover, the statute covers both handguns and imitation firearms. A person who points, displays, or uses an imitation firearm such as a BB gun, paintball gun, or Airsoft gun to intimidate or threaten a police officer can face third degree assault charges.

Fourth Degree Aggravated Assault:

Although fourth degree charges are the least serious charges that can be brought against a defendant in an NJ aggravated assault case, a conviction could lead to significant prison time because the crime is still classified as a crime (i.e., felony). This level of aggravated assault charges typically applies when the assault involved a firearm or when the offender assaulted a public servant. Regarding the use of firearms, the statute declares that a person is guilty of fourth degree aggravated assault if they recklessly cause bodily injury to another while using a deadly weapon or if they point a firearm at someone.

N.J.S.A. 2C:12-1(b) explicitly protects New Jersey public servants against violent assault by classifying an attack against a public servant as a fourth degree crime even when the victim did not suffer bodily injury as a result of the attack. These protected public servants include:

  • Police Officers: Law enforcement officers acting in the performance of their duties while in uniform, while exhibiting evidence of their authority, or because of their status as a law enforcement officer.
  • Firefighters: Paid or volunteer firemen acting in the performance of their duties while in uniform or otherwise clearly identifiable as being engaged in the performance of the duties of a fireman.
  • Emergency Responders: Anyone engaged in emergency first-aid or medical services acting in the performance of their duties.
  • School Employees: School board members, school administrators, teachers, school bus drivers, or other employees of a public or non-public school or school board while clearly identifiable as being engaged in the performance of their duties or because of their status as school employees.
  • DCPP Employees: Employees of the NJ Division of Child Protection and Permanency (DCPP) while clearly identifiable as being engaged in the performance of their duties or because of their status as DCPP employees.
  • Judges: Any justice of the NJ Supreme Court, judge of the Superior Court, judge of the Tax Court, or municipal judge.
  • NJ Transit Workers: Any operator of a motorbus, the operator’s supervisor, or an employee of a rail passenger service while clearly engaged in the performance of their job duties.
  • Jail Employees: Any Department of Corrections employee, county corrections officer, juvenile corrections officer, NJ state juvenile facility employee, juvenile detention staff member, juvenile detention officer, probation officer, sheriff, undersheriff, or sheriff’s officer acting in the performance of their duties while in uniform.
  • Utility Workers: Utility company employees or cable television company employees who are engaged in the performance of their job duties.
  • Health Care Workers: Health care workers employed by a licensed health care facility to provide direct patient care.
  • State Institution Workers: Direct care workers at an NJ state or county psychiatric hospital, NJ state developmental center, or veterans’ memorial home.

Criminal Penalties for an Aggravated Assault Conviction in New Jersey

Since aggravated assault is considered a crime (i.e., felony) in New Jersey, a defendant charged with aggravated assault will have their case adjudicated in the Superior Court in the county where the offense occurred. If the charge is downgraded to simple assault, the case is moved to the local municipal court. This is an important distinction because the penalties for criminal cases heard in the Superior Court are far more severe than the penalties for disorderly persons offense cases heard in municipal court.

The penalties for aggravated assault in New Jersey are as follows:

  • Second Degree Aggravated Assault: 5-10 years in NJ state prison
  • Third Degree Aggravated Assault: 3-5 years in NJ state prison
  • Fourth Degree Aggravated Assault: up to 18 months in NJ state prison

A conviction on second degree aggravated assault charges, which is the most serious assault offense under the law, carries a presumption of incarceration. This means that an offender who is convicted or pleads guilty to the crime is likely to be sentenced to prison time regardless of the underlying circumstances. Additionally, it is important to note that aggravated assault is listed in the No Early Release Act (NERA), which is a New Jersey sentencing law that requires offenders convicted of certain violent crimes to serve a minimum of 85 percent of their sentences before becoming eligible for release on parole. Any of the above aggravated assault charges can trigger the NERA and a mandatory minimum period of parole ineligibility.

Civil Penalties for an Aggravated Assault Conviction in NJ

When a person is accused of aggravated assault in New Jersey, criminal charges are not the only negative consequences that the person could face. Depending on the circumstances of your aggravated assault case, it is also possible that you will be subject to civil penalties that could hurt you financially. These civil penalties can potentially be imposed by the Superior Court judge in your criminal case or during a civil proceeding that is separate from your criminal matter. For instance, the criminal court judge may decide to impose a restitution requirement as part of your sentence: you would be required to pay restitution to the assault victim and cover their medical bills, pain and suffering, and related expenses.

Additionally, at the same time as your criminal case (or shortly afterwards), the victim may decide to pursue a civil action and sue you for damages. Although the outcome of your criminal charges won’t automatically match the outcome of your civil case, the reality is that a conviction or guilty plea in your criminal case will likely have an effect on your civil matter. This is why it is imperative that your attorney takes the time to explain all of your legal options and makes sure that you understand the implications of taking a plea deal, fighting the charges, etc.

Best Defenses Against Aggravated Assault Charges in Elmwood Park, NJ

A knowledgeable NJ criminal defense lawyer may be able to get your aggravated assault charges dismissed before there is ever a trial. Absent an outright dismissal, it may be possible for an experienced lawyer to get your aggravated assault charges downgraded to a lesser offense like simple assault. For instance, if your assault charges stemmed from a fight that was entered into by mutual consent – meaning both you and the other person agreed to the fight in advance – then the charges could be reduced to simple assault charges. Since simple assault is classified as a disorderly persons offense (i.e., misdemeanor), your case would be transferred from the county’s Superior Court to the local municipal court. More importantly, you would no longer be subject to criminal charges in municipal court: instead of facing possible prison time and a permanent criminal record for a conviction, you would likely be subject to reduced penalties like probation, fines, and a requirement to attend anger management counseling classes. Additionally, there is no presumption of incarceration in New Jersey simple assault cases.

The circumstances of your aggravated assault case will dictate whether it is possible for your attorney to get the charges dismissed or downgraded. If your case does go to trial in the Superior Court, then your attorney may be able to raise affirmative defenses on your behalf. For instance, one affirmative defense in an NJ aggravated assault case is self-defense: your response to someone attacking you might have been reasonable under the circumstances.

Another possibility in your aggravated assault case is admission into a diversionary program like Pre-Trial Intervention (PTI). Getting admitted into PTI means that you will have an opportunity to complete certain requirements – such as attending anger management classes, meeting with a probation officer, avoiding any arrests – and then have the aggravated assault charges dismissed. When this happens, there will not be a criminal conviction on your permanent record. This is important because it is not always easy to get a violent crime expunged from your permanent record in New Jersey.

Free Initial Consultation with Paramus Aggravated Assault Attorney Frank T. Luciano

Frank T. Luciano is a New Jersey criminal defense lawyer who assists clients in Bergen County, Passaic County, and Hudson County. If you face criminal charges for aggravated assault, simple assault, or any other violent crime in NJ, then Mr. Luciano is prepared to help you. Call or email Mr. Luciano now.

Our Client Testimonials

review stars

"Mr. Luciano freed my mind of anxiety right from the start. A consummate professional. He explained all options on defense and guided me to the one I followed with excellent results. Best of all, he is reasonable. Relax and let his knowledge (the magic) work."


From a former client

"First thing I want to tell is that I thank God for giving me the opportunity to meet such a wonderful person like you and without question, the best lawyer in this world. I am very grateful for everything you did for me. I want to let you know that I'm doing good and if you ever think of coming to . . . for vacation don't forget to contact me. Thanks again Mr. Luciano and please say hello to that kind lady that answers the phone with pleasure every time I called."


From a former client with a First Degree Distribution Charge

"In my distraction focusing on my . . . trial, I failed to ask you how things went with . . . I watched and learned from you throughout that case and greatly admire the consummsate attorney that I hoped to emulate. I witnessed how very hard you worked and how you left no stone unturned. I hope the case worked out for you and your clients. If it did not (and I hope it did) it was not for lack of the effect on your part which was humbling."


From an adversary in a case where we ultimately returned a verdict of $2,069,000

"My family and I would like to thank you for all of your hard work on my case. I feel like I can live my life normally again and it feels awesome. You are truly a professional and wonderful attorney."


From a former client charged with a serious weapons offense

"At the time, I was mortified because, having only worked against you in the Prosecutor’s Office, I couldn’t picture being on the same side. Frank, I want to thank you for the pleasure of having worked with you over the past years. I have learned a great deal from you. Most importantly, I learned that cases were not always as black and white as I thought they were when I worked for the Prosecutor’s Office. You are a wonderful attorney who not only works hard, but also cares deeply about his clients. Frank, I think you are the best."


From a former investigator of a county prosecutor’s office and retired private investigator

We Can Help.

contact us

  • This field is for validation purposes and should be left unchanged.

Visit Us

147 Main Street, Suite 5

Lodi,

New Jersey 07644

GET DIRECTIONS

Contact Us

Phone: 973.471.0004

Fax: 973.471.1244

CALL NOW

FOLLOW US