Aggravated Assault Attorney in Elizabeth, New Jersey
Aggravated Assault is a serious indictable offense that can carry lengthy state prison time if found guilty. Examples of aggravated assault are committing Assault with a Deadly Weapon, Assault by Auto, Assaulting a Police Officer, or when the victim suffers a significant injury such as a laceration or broken nose. For these reasons, lesser charges such as Simple Assault or Resisting Arrest can quickly be upgraded to felony level aggravated assault depending on the circumstances. Because aggravated assault is a felony it is heard in the Superior Court and can also be the basis for a Final Restraining Order under the Domestic Violence Act. These are just some of the reasons why having an experienced assault attorney who knows how the court system works is so important. As such, founding attorney, William A. Proetta, Esq., has successfully handled well over 1,000 cases throughout his career including numerous aggravated assault charges. We represent clients charged with aggravated assault throughout Union County, New Jersey including Union Township, Cranford, Hillside, Scotch Plains, Westfield, Roselle Park, and Rahway. Let us put our knowledge and experience to work for helping you, so contact us today at (908) 838-0150 for a free initial consultation over the phone.
2C:12-1b Aggravated Assault New Jersey Law
Aggravated Assault N.J.S.A. 2C:12-1b is always handled at the Superior Court as an indictable offense but it can range in degree of crime depending on the 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 are as follows:
The elements of 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.
What constitutes a 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.
Why is my charge upgraded to 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 a Police Officer 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.
Aggravated Assault Attorney in Linden, NJ
Aggravated assault is a serious charge that can most definitely permanently alter your life. For this reason it is essential that you hire an experienced criminal defense lawyer to fight your charges and perhaps negotiate with the prosecutor for a lower charge or admittance into a diversion program such as Pre-Trial Intervention. Proetta & Oliver has extensive experience in handling aggravated assault offenses and knows what it takes to properly defend and beat these charges. To speak with us about what we can do for you, contact our office today, conveniently located in Cranford by calling (908) 838-0150.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have office locations conveniently located in Jersey City, Edison, Middletown, Cranford, Burlington, and Hamilton. All major credit cards are accepted