Contact Our Somerville Office To Speak To An Aggravated Assault Defense Attorney Including One Of Our Former County Prosecutors
Aggravated assault charges defended by our lawyers in Somerset County originate in a myriad of instances, including domestic violence incidents, conflicts with law enforcement officials, and during the commission of other offenses, such as eluding. The offense can also fall within a range of grades including a second degree, third degree or fourth degree crime. Irrespective of the circumstances or degree of your charge, however, the charge is a felony indictable crime the jurisdiction over which is limited to the Somerset County Superior Court in Somerville New Jersey. An attorney who is highly skilled in defending Somerville aggravated assault charges is the best weapon for anyone facing a N.J.S.A. 2C:12-1b charge in Somerville, Franklin Township, Bridgewater, Bernards, Branchburg, North Plainfield.
The attorneys at the Law Offices of Jonathan F. Marshall have over 150 years of experience working on both sides of the New Jersey Justice System, as County and Municipal Prosecutors, and as defenders of the accused. The unique combination of experience held by the ten (10) criminal lawyers on our defense team provide us with the ability and skill to build the most effective defenses for our clients. Having established a nationally-renowned reputation due to our countless successes in courts across New Jersey, our legal expertise has been featured in a number of publications, media outlets, and on prime-time televisions shows, including The Star Ledger, USA Today, The Asbury Park Press, CNBC, ABC, Law & Order, and House.
To speak to a Somerset County aggravated assault attorney at our firm about your case, contact our Somerville Office at (908) 206-4238. Initial consultations are always free so there is no reason to hesitate in speaking to us.
Aggravated Assault Charge In Somerset County Under N.J.S.A. 2C:12-1(b)
There are eleven (11) categories of aggravated assault set forth in N.J.S.A. 2C:12-1b. If someone pleads or is found guilty of any one of these forms of aggravated assault in Somerville at the county justice complex they are exposed to fines, probation, imprisonment, drug testing, counseling and/or community service. The severity of these penalties is predicated on the degree of aggravated assault involved with a second degree crime being the worst, third degree crime the median and fourth degree crime being the least severe. The Somerville NJ aggravated assault defense lawyers at our firm have a consistent track record of getting aggravated assault charges dismissed and/or reduced so that a client avoids the penalties set forth in 2C:12-1b.
The following is a breakdown where the eleven (11) varieties of aggravated assault fall within this grading.
Second Degree Aggravated Assault
- Attempt to cause a serious bodily injury or actually cause such an injury, purposely or knowingly or recklessly, under circumstances manifesting extreme indifference to the value of human life; or
- Cause bodily injury while fleeing or attempting to elude a law enforcement officer or unlawfully operating a motor vehicle
Third Degree Aggravated Assault
- Attempt to cause significant bodily injury or actually cause such injury, purposely or knowingly or recklessly, under circumstances manifesting extreme indifference to the value of human life;
- Attempt to cause significant bodily injury to another or cause significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly cause such significant bodily injury; or
- Knowingly, under circumstances manifesting extreme indifference to the value of human life, point or display a firearm, at or in the direction of a law enforcement officer; or
- Commit a simple assault upon: any law enforcement officer, any paid or volunteer fireman, any person engaged in emergency first-aid or medical services acting in the performance of his duties, any school board member, school administrator, teacher, school bus driver or other employee, 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 or Municipal Judge. (The victim must suffer bodily injury, otherwise it is a fourth degree offense)
Fourth Degree Aggravated Assault
- Recklessly cause bodily injury to another with a deadly weapon; or
- Knowingly under circumstances manifesting extreme indifference to the value of human life point a firearm at or in the direction of another, whether or not the actor believes it to be loaded
Important Factors & Definitions: Somerset County Aggravated Assault Charges
As mentioned previously, one of the determining factors in an aggravated assault case is the nature and extent of the victim’s injuries. As defined by law, there are three distinct forms of injury:
- Bodily injury: means physical pain, illness or any impairment of physical condition
- Significant bodily injury: means bodily injury that creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses
- Serious bodily injury: means 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
In an aggravated assault case filed in Warren, Bound Brook, Raritan, Hillsborough, Manville or another Somerset County municipality, a deadly weapon can include “any firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury or which in the manner it is fashioned would lead the victim reasonably to believe it to be capable of producing death or serious bodily injury.”
Penalties You Face If Convicted In Somerville For Aggravated Assault
It is extremely important that you secure the very best aggravated assault defense lawyer if you want to avoid the potentially serious penalties that apply at sentencing in Somerville for aggravated assault.
- For a second degree crime of aggravated assault you face 5-10 years in prison and a fine of up to $150,000. You should also know that the requirements of the No Early Release Act (NERA) apply where the aggravated assault conviction is a second degree. This provision of the law requires a defendant to serve 85 percent of the sentence imposed before becoming eligible for parole. A second degree aggravated assault is also ineligible for Pretrial Intervention (“PTI”), a diversionary program that allows a first time offender to avoid a felony record provided they complete one year of supervision/probation.
- For a third degree crime of aggravated assault an individual faces 3-5 years in prison and a fine of up to $15,000. They may also be sentenced to probation, community service and/or counseling. A third degree aggravated assault carries a presumption against imprisonment for someone lacking a prior indictable criminal record. In addition, a third degree crime under 2C:12-1b is eligible for diversion under PTI for a first offender.
- For a fourth degree crime of aggravated assault there is a maximum period of incarceration of 18 months and a fine of up to $10,000. A fourth degree is also eligible for Pretrial Intervention/PTI provided it is the offenders first offense.
It is obviously extremely important to reduce the degree of aggravated assault an individual is facing and someone who is an accomplished Somerset County aggravated assault lawyer, like those at our firm, is going to able to achieve this objective.
Impact Of Bail Reform If You Were Charged With Aggravated Assault In Somerset County
Whenever someone is charged with aggravated assault in a Somerset County municipality like Bridgewater, North Plainfield, Somerville, Bernards, Franklin Township or Branchburg, a warrant complaint is issued. The defendant is thereafter processed and, in almost every case, transported to the Somerset County Jail where he/she is held until their first appearance in court. This proceeding is conducted within 48 hours of being taken into custody. There is no right to bail in lieu of this initial detention. You should also know that the Somerset County Prosecutor’s Office has the right to object to release at the time of the initial appearance and, if this occurs, there is nothing that anyone can do to prevent you from being held for an additional 3 days until a formal detention hearing is conducted. This fact makes it exceptionally important to retain a Somerset County aggravated assault attorney as early as possible in a case in hopes of persuading the prosecutor not to file a motion to detain.
Contact our Somerville Aggravated Assault Lawyers for a Free Consultation
It should be readily apparent from what you have read here that it is crucially important that you secure the very best representation from your attorney if you want to avoid serious consequences. Whether you were arrested in Bound Brook, Manville, Montgomery, Bedminister, Warren or another town in Somerset County, your case will be sent to Somerville for resolution before a Superior Court judge. You will therefore want to be represented by lawyers who are highly experienced in defending aggravated assault charges in this court system. The attorneys at the Law Offices of Jonathan F. Marshall possess what you need and our office is within walking distance of the courthouse in Somerville. To discuss your aggravated assault case with one of our highly experienced criminal defense attorneys, contact our Somerville Office at (908) 206-4238.