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Aggravated assault is a serious, violent offense that can be accompanied by severe legal consequences in New Jersey. A simple assault charge can be elevated depending on the circumstances of the crime like the severity of the injuries inflicted or if they used a weapon. Keep reading to learn more about what is considered aggravated assault under New Jersey law and work with a Mercer County assault defense lawyer for representation.
What is Considered Aggravated Assault in NJ?
The crime of assault is defined under N.J.S.A. 2C:12-1. A person may be found guilty of simple assault if they attempt to cause or purposefully cause bodily injury to another person, negligently cause bodily injury to another person with a deadly weapon, or attempt to cause another person fear of serious bodily injury by physical menace. While this is the standard definition of simple assault, when aggravating factors are present the charges can become more severe.
Aggravated assault is defined under the same section as any of the following actions.
- Attempts to cause or purposefully causes serious bodily injury to another person
- Recklessly causes serious bodily injury to another person with extreme indifference to the value of human life
- Attempts to cause or purposefully causes bodily injury to another person with a deadly weapon
- Recklessly causes bodily injury to another person with a deadly weapon
- Knowingly and with extreme indifference to the value of human life points a firearm at another person
- Commits simple assault upon certain protected people like police officers, firefighters, EMTs, school employees, correctional officers, bus drivers, etc.
Aggravated assault is more violent or dangerous than simple assault and involves certain factors like the use of a weapon, significant harm, or protected classes of people.
What Are the Penalties for Aggravated Assault in NJ?
Under New Jersey state law, aggravated assault is charged as an indictable crime, the state’s term for a felony offense. Below are the general penalties for each degree of aggravated assault.
Second degree:
- 5 to 10 years in prison
- Up to $150,000 in fines
Third-degree:
- 3 to 5 years in prison
- Up to $15,000 in fines
Fourth-degree:
- Up to 18 months in prison
- Up to $10,000 in fines
A second-degree charge falls under the NERA, No Early Release Act. this means that after a conviction of second-degree aggravated assault, you will be required to serve at least 85% of your sentence in jail before being eligible for parole.
If you were arrested for aggravated assault in New Jersey it is essential that you fully understand the legal process, potential penalties, and your rights. An experienced lawyer can help build an effective defense for your case. Reach out to an attorney today at the Law Office of Douglas Herring.
