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NJ Aggravated Assault Offense

New Jersey Aggravated Assault Defense Attorneys

A physical confrontation can mushroom into aggravated assault charges for any number of reasons. This offense, by nature, always involves a felony and demands the attention of a seasoned criminal lawyer. Irrespective of whether your aggravated assault is Fourth Degree, Third Degree or even Second Degree in nature, we have the know how you are looking for. Our defense team includes a former prosecutor and possesses over forty (40) years of experience defending individuals in New Jersey. We handle aggravated assault cases statewide including Union County, Middlesex County, Monmouth County, Hudson County, Ocean County, and Morris County. An attorney is available to assist you 24/7 at 1-877-450-8301.

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

The NJ Aggravated Assault Law is contained at N.J.S.A. 2C:12-1(b) and includes a wide variety of conduct. Depending on the extent of the injuries involved, the manner in which the injury was sustained (e.g. weapon), and the intent of the accused, an aggravated assault can be a Second Degree, Third Degree or Fourth Degree crime. We have encapsulated the varieties of aggravated assault set forth in N.J.S.A. 2C:12-1(b) into seven categories:

1. Attempting or Causing Serious Bodily Injury to Another;
2. Attempting or Causing Significant Bodily Injury to Another;
3. Attempting or Causing Bodily Injury with a Deadly Weapon ;
4. Committing a Simple Assault Against a Victim of Special Status ;
5. Causing Bodily Injury While Fleeing or Eluding Law Enforcement;
6. Causing Bodily Injury as a Result of a Fire or Explosion;
7. Pointing a Firearm or Imitation Firearm.

Grading of Aggravated Assault

An aggravated assault is a second degree where it either involves serious bodily injury or bodily injury resulting from fleeing or eluding police. A second degree offense carries between five (5) and (10) years of jail. It is a Fourth Degree situation where the aggravated assault involves pointing a firearm at an individual, bodily injury is recklessly caused with a deadly weapon, and where a simple assault is committed against someone with special status. Fourth Degree charges involve zero (0) to eighteen (18) months in jail. In general, an aggravated assault is otherwise Third Degree (e.g. significant bodily injury is involved, bodily injury results from use of a deadly weapon, or where a firearm is pointed at a law enforcement officer). Zero (0) to five (5) years of jail is associated with Third Degree cases.

No Early Release Act (NERA)

New Jersey has adopted strict parole ineligibility guidelines for those found guilty of violent crimes. This legislation is referred to as the No Early Release Act or NERA, and mandates that offenders serve eighty five (85) percentage of their sentence before they are eligible for parole. NERA applies to all aggravated assault offenses of the Second Degree and to several varieties of Third Degree aggravated assault.

The aggravated assault law in New Jersey is obviously very complicated. Our lawyers are, however, adapt in analyzing facts and determining the best avenues of defense for our clients. If you or a loved one is facing an aggravated assault indictment or was arrested on this charge, we are here to provide assistance. An attorney from our office would be happy to speak to you immediately at 1-877-450-8301 or to schedule a free initial consultation at our Monmouth County, Union County, Middlesex County, Ocean County, Hudson County or Morris County office.

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The criminal defense attorneys at the Law Offices of John F. Marshall represent New Jersey adult and juvenile clients from offices in Shrewsbury, Cranford, Toms River, Jersey City and New Brunswick. We provide prompt and convenient client service to people in such communities as Newark, Plainfield, Freehold, Eatontown, East Brunswick, Edison, Woodbridge, Westfield, Clark, Rahway, Piscataway, Sayreville, Elizabeth, Middletown, Asbury Park, Long Branch, Jackson, Lakewood, Point Pleasant, Edison, Old Bridge, Aberdeen, Linden, Belmar, Eatontown, Hazlet, Holmdel, Ocean, Sea Bright, Hoboken, Weehawken, Seaside Park, Seaside Heights, Tinton Falls, Wall, Brick, Dover, Jackson, and other locations in Monmouth County, Middlesex County, Union County, Ocean County, Burlington County, Mercer County, Essex County, Hudson County and Morris County.

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