Hudson County Juvenile Aggravated Assault Defense Attorneys
Under N.J.S.A. 2C:12-1(b), a juvenile is guilty of aggravated assault if he or she 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 reckless causes such injury. These are really then two separate offenses, an attempt to cause serious bodily injury and actual success in causing bodily injury. What matters for the purpose of this offense of attempt is not that the person actually succeed in causing serious bodily injury, where serious bodily injury is defined as bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ, but that the juvenile had the requisite intent to cause serious bodily injury. If they can show that the juvenile had the intent to cause serious bodily injury and took a substantial step towards the consummation of that act, then they can find the juvenile guilty. A second type of aggravated assault is where the person actually succeeds in causing serious bodily injury to the intended victim. When this occurs, the state need not prove that the juvenile purposely caused the serious bodily injury. It is sufficient to prove that juvenile acted knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life. The recklessness standard for this offense is different from the ordinary recklessness standard. For this offense, the recklessness must be so extreme in its conscious disregard of the risk under the circumstances that it manifested extreme indifference to the value of human life. The Hudson County, NJ juvenile aggravated assault defense lawyers at the Law Office of Jonathan F. Marshall understand what a criminal conviction for your child could mean to their future. Our office has been defending juveniles charged with aggravated assault, burglary, carjacking, robbery, cocaine possession, possession of heroin with the intent to distribute in towns like Jersey City, North Bergen, Weehawken, Harrison, Kearny or West New York for over fifteen years. If the aggravated assault is serious enough, the prosecution may attempt to file what is known as a waiver, and seek to have your child prosecuted as an adult. Just briefly, as it will be discussed in much greater detail below, a juvenile convicted of aggravated assault in New Jersey faces up to three (3) years in a juvenile detention center as compared to the adult, who faces up to ten (10) years in a State prison. For more information on the offense of juvenile aggravated assault, we can help. Please contact our Jersey City office at (201) 309-1800 for a free initial consultation.
Juvenile Aggravated Assault Attorney in Jersey City, New Jersey
It is important to note, however, that these are not the only circumstances under which aggravated assault charges may be brought. Attempts to cause or purposely or knowingly causing bodily injury with a deadly weapon is a form of aggravated assault. Recklessly causing bodily injury with a deadly weapon is an aggravated assault. Knowingly or recklessly pointing a firearm at someone whether or not the actor believes it is loaded will be an aggravated assault. Also, it is an aggravated assault if you commit a simple assault against certain types of persons. It is an aggravated assault to commit a simple assault against a law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority or because of his status as a law enforcement officer. It is an aggravated assault to commit a simple assault against a paid or volunteer fireman acting in the performance of their duties. Similarly it is an aggravated assault to commit a simple assault against any person engaged in emergency first-aid or medical services, any school board member, school administrator, teacher, school bus driver, any employee of the Division of Youth and Family Services, any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court, municipal judge, any operator of a motor bus, any department of corrections employee, any utility company employee, any healthcare worker employed by a licensed health care facility to provide direct patient care, and any direct care worker at a state or county psychiatric hospital. These offenses range anywhere from second degree to fourth degree depending upon the result of the assault and whom it was committed against.
Juvenile Aggravated Assault Penalties
For juvenile offenders, a second degree offense will carry up to three (3) years of confinement, a third degree offense will carry up to two (2) years of confinement and a fourth degree offense will carry up to one (1) year of confinement. For first-time juvenile offenders, the court may be more inclined to allow alternative means of punishment. However, where the criminal offense in question is a serious matter, the court may treat the juvenile as an adult. If that happens, a second degree offense has the potential to open you up to ten (10) years in prison, which by virtue of the No Early Release Act (NERA) means that 85% of 10 years must be served. A third degree offense typically leads to incarceration of between three (3) and five (5) years, while a fourth degree offense can lead to jail time of up to eighteen (18) months.
Hudson County, NJ Juvenile Defense Attorneys
Needless to say, these are really serious offenses and offenses which you cannot afford to face alone. Here at the Law Offices of Jonathan F. Marshall, we have over 100 years of collective experience defending against criminal charges, including aggravated assault charges in Hudson County. Our team even consists of former county prosecutors who know the ins and outs of this complicated offense. So if you or someone you know has been charged with this serious crime, please do not hesitate to contact our office today to speak with an experienced attorney about the particulars of your case. Our Jersey City office can be reached at (201) 309-1800.