Aggravated assault is an extremely common charge in New Jersey and in Atlantic City. In 2015 there were 616 violent crimes including aggravated assault which were committed in Atlantic City. Aggravated assault is a very serious offense and one that is considered an indictable felony-level offense in New Jersey. This means that if you are charged with aggravated assault and are convicted of the offense you may face serious and lengthy prison time as well as various other penalties.
If you or a loved one has been charged with aggravated assault in Atlantic City New Jersey, it is important to contact an experienced criminal defense attorney who not only understands the system but who can provide you with aggressive representation. The experienced and strategic defense lawyers of the Law Firm of John J. Zarych can fight to protect you from the charges you face. To schedule a no-obligation, private initial case evaluation call (609) 616-4956 or contact us online today.
What is Aggravated Assault?
Aggravated assault is a serious offense in New Jersey and can be found in the New Jersey criminal code under section N.J.S.A. 2C:12-1(b). This section of the statute provides that a person can be found guilty of aggravated assault if he or she does any of the following:
(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…; or
(b) Any paid or volunteer fireman acting in the performance of his duties…; or
(c) Any person engaged in emergency first-aid or medical services acting in the performance of his duties…; or
(d) Any school board member, school administrator, teacher, school bus driver or other employee…; or
(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…
(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.
While aggravated assault is a serious offense it is relatively easy for a simple fight or argument to rise to the level of aggravated assault and result in a serious criminal charge.
What are the Penalties for Aggravated Assault?
Aggravated assault is considered a violent crime in New Jersey and any conviction of aggravated assault can carry the potential for serious penalties. In New Jersey, aggravated assault can be charged as either a 2nd-degree offense, 3rd-degree offense or as a 4th-degree offense. This means that the penalties for an aggravated assault can range significantly.
- Aggravated assault as a Second-degree crime – if you are convicted of aggravated assault as a second-degree crime then you can be sentenced to a prison term of between five to ten years, fined up to $150,000, or both.
- Aggravated Assault as a Third-degree crime – Any conviction of a third-degree crime carries a potential prison sentence of three to five years and/or a fine up to $15,000.
- Aggravated assault as a Fourth-degree crime – If you are charged with aggravated assault as a fourth-degree crime then you can face a potential prison sentence up to 18 months, a fine up to $10,000, or both.
Aggravated assault is a serious offense, as noted above, can result in you spending up to a decade in jail. The New Jersey aggravated assault statute outlines when you can be charged with aggravated assault as a second, third, or fourth-degree offense. In addition to jail terms and monetary fines, a judge can also impose various other sanctions for aggravated assault including, community service, mandatory counseling, probation, and restitution.
Rely on an Atlantic City Criminal Defense Lawyer
If you or a loved one is facing serious criminal charges due to allegations of aggravated assault in Atlantic City the experienced criminal defense lawyers of the Law Firm of John J. Zarych can fight for you. We work to defend your rights by asserting all reasonable defenses and forcing the prosecutor to carry each and every element of their burden of proof. Furthermore, we engage with the prosecution strategically to determine whether there are additional options to mitigate the consequences you face. To schedule a free and confidential initial case analysis call our firm at (609) 616-4956 or schedule an appointment online.