Former Monmouth County Prosecutors Are Ready To Defend Your Freehold NJ Aggravated Assault Charge
An aggravated assault offense is always a felony that must be dealt with at the New Jersey Superior Court. If you were charged with this offense in Monmouth County, this means that your case will be heard at the county courthouse located in Freehold. This venue happens to be just across the street from our main law office and is also the place where several attorneys on our staff have spent the majority of their careers prosecuting and now defending criminal charges. There is little doubt that we have a highly accomplished defense lawyer that can help you avoid a conviction for violating New Jersey law N.J.S.A. 2C:12-1b.
Charged With Aggravated Assault in Monmouth County?
The truth is, however, that talk can come cheaply on the internet so let us take a hard look at actual qualifications for handling your Monmouth County aggravated assault case. Our firm has what it takes to overcome your assault charges, whether it stems from allegations of significant bodily injury, use of a deadly weapon, simple assault on a police officer, or another pedigree. We can offer you criminal defense qualifications that include:
- Over 200 years of combined experience representing clients charged with aggravated assault at Monmouth County Superior Court in Freehold
- 15 lawyers who limit their practices exclusively to defending individuals accused of violating NJ criminal law
- Former members of the Monmouth County Prosecutors Office who have served at the highest levels in positions such as Director of Major Crimes, Domestic Violence, Juvenile, and even the entire Trial Division
- Former municipal prosecutors in Howell, Matawan, Hazlet, Wall Township, Holmdel, Colts Neck, Middletown, Brielle, Manasquan, and other area towns
- Certified criminal trial attorneys
- Office located on Court Street in Freehold and in Middletown
We sincerely hope you recognize the unique credentials that the Monmouth County aggravated assault defense attorneys can provide for ensuring that you reach the very best outcome for your criminal charge. Call our Freehold or Middletown Office at 855-450-8310 for an immediate free consultation to discuss your assault charge.
Definition of Aggravated Assault Under New Jersey Law
The offense of aggravated assault is contained under the heading of assault or threat crime in the New Jersey Criminal Code. An individual commits an aggravated assault charge if he/she engages in one of thirteen (13) prohibited acts, including:
- Attempts or causes serious bodily injury
- Attempts or purposely causes bodily injury with a deadly weapon
- Recklessly causes bodily injury with a deadly weapon
- Points a firearm at another person
- Commits a disorderly persons offense of simple assault on a police officer, firemen, EMT, correction officer or other public servant protected under subsection 5 of 2C:12-1b
- Causes bodily injury while eluding the police
- Attempts or causes significant bodily injury
- Causes bodily injury as a result of arson
- Points a firearm at a police officer
- Points or displays an imitation firearm
- Uses or activates a laser sighting device against a police officer
- Attempts or causes significant bodily injury to a domestic violence victim
- Knowingly or recklessly choking a domestic violence victim
Aggravated assault can result in a fourth-degree crime, third-degree crime, or second-degree crime depending on which section of the aggravated assault law is violated. You should know that assault by auto is also considered by many individuals as a form of aggravated assault but this offense is outlined in subsection c of 2C:12-1.
Elements of an Aggravated Assault Offense
The elements of an aggravated assault charge vary depending on which of the above thirteen (13) forms of offense is charged. Below are links to excerpts of the model jury charge for each category of aggravated assault that someone can face in Monmouth County.
Grading & Penalties for Aggravated Assault
Aggravated assault is a second-degree crime if the offense arises out of categories 1, 6, or 8 where the victim suffers significant or serious bodily injury. The New Jersey state prison sentence for a second-degree crime is 5-10 years and the maximum fine is $150,000.
It is a third-degree crime to commit aggravated assault under categories 2, 5 (i.e. simple assault on a public official) and 8 if the victim suffers bodily injury, 7, 9, 10, 11, 12, and 13. A defendant faces up to 5 years in prison for a third-degree crime and a fine of up to $15,000.
Aggravated assault is a fourth-degree crime under sections 3 and 4, and results in up to 18 months in prison and a potential fine that can reach $10,000.
No Early Release Act. An aggravated assault offense falls under the No Early Release Act (“NERA”). What this means is that any sentence imposed under N.J.S.A. 2C:12-1b mandates that the defendant serves at least eighty-five (85) percent of the state prison term before they can be considered for parole. For example, if a Monmouth County judge sentences someone to five (5) years in prison for aggravated assault, the defendant cannot be paroled until they serve 4.25 years.
Bail & Pretrial Release
Bail Reform has essentially eliminated money bail and bail bonds in New Jersey. An individual is now required to appear before a Superior Court judge whenever he/she is arrested on a warrant complaint and conditions for release must be set. There is also a possibility of the accused being detained for an additional three (3) business days in the event that the prosecutor files a motion to detain. Hiring an attorney as soon after an arrest as possible is crucial in order to minimize the probability of a detention motion.
Pretrial Intervention & Other Diversion Programs
Pretrial Intervention (“PTI”) in New Jersey is a program that allows a first-time offender to avoid prosecution for a third-degree or fourth-degree aggravated assault. A second-degree aggravated assault can only be resolved via PTI if the prosecutor handling the case consents to admission and this is a feat that requires an exceptionally talented Monmouth County aggravated assault lawyer like those at Marshall Criminal Defense.
Expungement of an Aggravated Assault Conviction
If you are found guilty by a Monmouth County jury or plead guilty to aggravated assault, you have an opportunity to expunge the conviction once a minimum of five (5) years have elapsed from completion of probation or any period of incarceration. There are other restrictions imposed with respect to expungement of a conviction in Freehold at the Superior Court so it is always best to consult an experienced NJ expungement attorney to learn if you are eligible.
Statute of Limitations for Filing An Aggravated Assault Complaint
The police or prosecutor is obligated to file charges in accordance with the statute of limitation. When a complaint is filed outside this time period, the prosecution is barred. The statute of limitation for bringing a charge under 2C:12-1b for aggravated assault in Monmouth County or anywhere else in New Jersey is five (5) years. An experienced Monmouth County criminal defense lawyer will ensure that a time barred assault charge is immediately dismissed.
Criminal Charge for Aggravated Assault v. Restraining Order
When an aggravated assault offense in Monmouth County arises out of domestic violence, it is possible for the defendant to face both a criminal charge and a restraining order. It is important to keep in mind that these matters are handled in separate proceedings, one family and the other criminal, and in different courts (i.e. Criminal Division versus Family Division of the of the Monmouth County Superior Court). There are also different burdens of proof, namely, a preponderance of the evidence in order to obtain a Final Restraining Order, and beyond a reasonable doubt to prove the aggravated assault. While allegations of an aggravated assault can form the basis for issuance of a temporary restraining order, the reality is that there is far more that goes into proving this charge in criminal court or even success in obtaining a permanent restraining order.
Aggravated Assault Attorney in Monmouth County
The risk to your future resulting from an aggravated assault dictate that you hire the very best criminal defense lawyer available to you. This is why we encourage you to take an in depth look at the exceptional credentials of our Monmouth County aggravated assault lawyers. Don’t be fooled by the fact that your case started with a simple assault charge, the fact that the victim is your wife or loved one and doesn’t want to proceed, or even the fact that the bodily harm was minor, since an aggravated assault is always a felony that can potentially land you in prison for years. So contact our Freehold Office today for a comprehensive case review. An attorney on our team is available immediately at 732-462-1197.
