Secaucus NJ Aggravated Assault Lawyers
Aggravated Assault is a severe felony crime in New Jersey that carries substantial state prison time if you are found guilty or plead guilty. Aggravated assault is a broad statute that can have many different facts and scenarios which can include Assault with a Deadly Weapon, Aggravated Assault of a Police Officer, Assault by Auto or almost any circumstance where a victim suffers a significant or serious injury such as a broken bone or deep laceration. Because of these circumstances, lesser charges such as Simple Assault or Resisting Arrest can easily be upgraded to an indictable offense of aggravated assault. Unlike simple assault, a charge of aggravated assault is handled in the County Superior Court because it is a felony. Since aggravated assault can be the result of a domestic incident, it can also be the basis for a Final Restraining Order under the Domestic Violence Act. An experienced assault attorney who knows how the court system works can be instrumental in successfully defending your charges and securing a downgrade or dismissal to avoid incarceration. As such, founding attorney, William A. Proetta, Esq., has successfully handled literally thousands of charges throughout his career including numerous aggravated assault offenses. We represent clients arrested for aggravated assault throughout Hudson County including Secaucus, Jersey City, Bayonne, Weehawken, and North Bergen. Let us put our knowledge and experience to work for helping you, so contact us today at (201) 793-8018 at our Jersey City office to schedule a free initial consultation.
2C:12-1b Aggravated Assault New Jersey Law
Crimes of Aggravated Assault are always handled at the Superior Court as an indictable offense but it these charges can range in degree of crime depending on the facts – extent of injury to the victim, age of victim, if there was a weapon used, or if a police officer was injured. The three different degrees of severity are as follows:
2nd Degree Aggravated Assault – Under rare circumstances, aggravated assault will be a second degree crime if you cause or attempt to cause serious bodily injury to another under circumstances manifesting extreme indifference to the value of human life. This usually means that the victim a severe significant injury such as a broken bone or loss of a limb. Circumstances that often give rise to second degree aggravated assault charges are defendants who injury some while fleeing or eluding the police or serious injuries caused by a drunk driver. A second degree felony is punishable by 5 – 10 years in state prison with a presumption of mandatory incarceration if you are found guilty even for a first time offender with no criminal record.
3rd Degree Aggravated Assault – It is third degree aggravated assault if you cause or attempt to cause significant bodily injury to another, even if it was done recklessly. Moreover, as a rule of thumb it is normally automatically a third degree aggravated assault crime when a weapon is brandished. For example, if you exhibit or point a firearm at another, cause bodily injury to another with a “deadly weapon” or even use an imitation firearm to intimidate a police officer. A third degree felony carries 3-5 years in state prison and a permanent criminal record.
4th Degree Aggravated Assault – It is a crime of the fourth degree if you commit aggravated assault by recklessly causing injury to someone with a weapon. Moreover, it is also a fourth degree aggravated assault to recklessly point a gun in the direction of another person even if it is unloaded. If you are found guilty of a fourth degree felony, you can be sentenced to state prison for up 18 months, serve a period of probation, face thousands in fines, and a suffer permanent criminal record.
Union City Aggravated Assault Attorney
Aggravated assault is a serious charge that can most definitely permanently alter your life. The nature of theses offenses often causes them to be exaggerated or “over charged” initially which means that often times an experienced attorney can work with the County Prosecutors Office to have your charge substantially downgraded when circumstances allow. This can help secure your admittance into Pre-Trial Intervention, also known as PTI, which is diversion program that will allow the charges to be dismissed against upon successful completion. For this reason it is essential that you hire a criminal defense lawyer who knows the system and how to properly challenge and fight your charges. We represent clients charged with aggravated assault throughout Hudson County including Union City, Harrison, Kearny, Guttenberg, Hoboken, and West New York. To speak with us about what we can do for you, contact our office today, conveniently located in Jersey City by calling (201) 793-8018.