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

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Bergen County NJ Aggravated Assault Defense Attorneys

With offices at 254 State Street in Hackensack, New Jersey

A conviction for aggravated assault can ruin your life. Not only might you be facing serious prison time; you could also be left with a permanent criminal record that will make it difficult to obtain desirable employment in the future. Aggravated assault can be graded as a second or third degree felony depending on the nature of the force involved, the extent of the injuries to the alleged victim, and whether or not a weapon was used in the alleged assault. If you’ve been charged with aggravated assault in New Jersey, it is imperative that you speak with an experienced criminal defense attorney immediately.

Travis J. Tormey is a skilled criminal defense and drunk driving (DWI) attorney who has been representing clients throughout New Jersey for years. Mr. Tormey has extensive experience defending clients charged with criminal offenses such as aggravated assault, simple assault, resisting arrest, and terroristic threats. Mr. Tormey appears in Superior Courts and Municipal Courts throughout northern New Jersey on a daily basis, including courts in Hackensack, East Rutherford, and Lyndhurst. With offices conveniently located in Hackensack and Morristown, the attorneys at The Tormey Law Firm are available immediately to assist you. Call today at (201)-330-4979 for a free consultation.

Here is a review from one of our very satisfied clients who we represented on aggravated assault charges:

“Hired to defend me for aggravated assault”

5.0 stars

Posted by Joe

“Travis is a knowledgeable and trustworthy lawyer which I will retain his services again should there be any more legal problems.”

Understanding Aggravated Assault Charges in New Jersey: An Overview

 

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

Aggravated assault charges in New Jersey are criminalized in the New Jersey criminal code under N.J.S.A. 2C:12-1(b). As set forth by the statute, aggravated assault is an indictable criminal offense in New Jersey which must be handled at the Superior Court in the county in which the alleged offense was committed. Aggravated assault can be graded as a second degree, third degree, or fourth degree crime, depending on the circumstances of the alleged assault. These circumstances can include the nature of the force used, the nature of the injuries to the victim, whether or not a weapon was involved, and the status of the victim (for example, a law enforcement officer, a nurse, a fireman, etc.). N.J.S.A. 2C:12-1(b) provides in pertinent part:

A person is guilty of aggravated assault if he or she:

(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

(b) Any paid or volunteer fireman acting in the performance of his duties

(c) Any person engaged in emergency first-aid or medical services acting in the performance of his duties

(d) Any school board member, school administrator, teacher, school bus driver or other employee

(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; or

(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.

 

Penalties for Aggravated Assault in New Jersey 

Regardless of the degree of the aggravated assault offense, you could be exposed to the following penalties:

  • Fines
  • Jail Time (State Prison or County Jail)
  • Probation
  • Permanent Indictable (Felony) Charge on Your Record

 

Lodi NJ Aggravated Assault Lawyers Formulate a Comprehensive Defense 

An experienced criminal defense attorney can combat the state’s charges against you with any of the following defenses:

  • Self-defense
  • Defense of others
  • Mutual fighting
  • The injuries to the alleged victim were not severe
  • There was not a weapon involved
  • The alleged victim does not want to press charges

These defenses can sometimes lead to the downgrading of a second degree aggravated assault charge, with a maximum of 10 years in state prison, to a much lesser charge for simple assault, which is classified as a disorderly persons offense (misdemeanor). With this type of downward departure, you could avoid prison entirely.

 

Call the Hackensack NJ Offices of The Tormey Law Firm Today for a Free Consultation 

If you or a loved one has been charged with aggravated assault in New Jersey, contact the Hackensack offices of The Tormey Law Firm anytime at (201)-330-4979 for a free consultation about your case. You can also use our online contact form to arrange an in-person meeting. We will be happy to evaluate your file and determine the best course of action for keeping your record clean and preserving your freedom.

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