Domestic Violence Aggravated Assault Offense in New Jersey

Former County Prosecutors With Decades of Experience Defending Aggravated Assault Cases Involving Domestic Violence

A domestic dispute can get extremely complicated when it results in a New Jersey aggravated assault charge. The accused faces not only the possibility of a What you need to know if you have been charged with aggravated assault as the result of a domestic violence incident.restraining order but also a felony criminal offense that can result in a stiff prison sentence and an array of collateral consequences. If you were charged aggravated assault based on allegations of domestic violence committed on a girlfriend, boyfriend, husband, wife or similarly situated victim, our attorneys are ready to provide you with the information you need to protect your future.

Hiring a lawyer that is accomplished in defending aggravated assault and domestic violence charges is a powerful move for anyone facing this type of offense. The Law Offices of Jonathan F. Marshall can offer you:

  • Over 200 years of experience defending clients arrested for domestic assault throughout NJ
  • A team of 12 lawyers who limit their practice exclusively to criminal defense
  • Former county prosecutors and public defenders that have handled countless aggravated assault cases during their careers
  • Certified criminal trial attorneys
  • A rich history of success representing individuals charged with domestic violence aggravated assault in Hudson County, Burlington County, Somerset County, Atlantic County, Hunterdon County, Camden County and elsewhere in the state

Qualifications such as these, as opposed to hollow puffery with no actual trial experience, is what is required to achieve a dismissal or downgrade of your matter. To speak to a NJ domestic violence aggravated assault lawyer at the firm immediately, call 877-450-8301.

New Jersey Aggravated Assault That Also Involves An Act of Domestic Violence: What You Need To Know

There are thirteen (13) categories of aggravated assault set forth in N.J.S.A. 2C:12-1b. Two sections among this group, N.J.S.A. 2C:12-1b(12) and 2C:12-1b(13), are directed specifically at aggravated assault committed within the context of domestic violence. The headings that follow outline the basics for each of these varieties of aggravated assault. The victim of the assault must qualify for protection under the Domestic Violence Act for either provision to apply.  There are additional ways in which aggravated assault can arise outside of these two laws and these scenarios are also discussed in below.

I. Aggravated Assault For Causing Significant Bodily Injury To A Domestic Violence Victim

N.J.S.A. 2C:12-1b(12) applies where the actor causes significant bodily injury to someone who meets that definition of a domestic violence victim.  The term significant bodily injury is defined as a condition that results in temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses. A violation of this law results in a third degree crime that carries up to 5 years in prison and a fine of up to $15,000. There is also a significant twist to New Jersey law in this context, namely, a defendant loses the presumption of no jail or prison for a first offense.

II. Aggravated Assault for Choking a Domestic Violence Victim

N.J.S.A. 2C:12-1b(13) makes it a third degree crime for someone to choke or otherwise obstruct the airway of an individual falling under the protections of the Domestic Violence Act. The penalties for this type of domestic violence aggravated assault are the same as those set forth under the previous heading.

III. Second Degree Aggravated Assault Stemming From Domestic Violence

An individual is exposed to penalties for a second degree crime under 2C:12-1b(1) if they knowingly or recklessly cause serious bodily injury to another person whether in the domestic violence setting or otherwise. Second degree aggravated assault results in 5-10 years in prison and a fine that can reach $150,000.

IV. Fourth Degree Aggravated Assault Resulting from Domestic Violence

There are two ways that someone can be charged with fourth degree aggravated assault as the result of domestic violence. The first way is to violate 2C:12-1b(3) by recklessly causing bodily injury to another person with a deadly weapon. The second way a fourth degree crime for aggravated assault can arise in this context is by the accused knowingly pointing a firearm at another under circumstances manifesting extreme indifference to the value of human life contrary to 2C:12-1b(4). The penalties for domestic violence resulting a fourth degree aggravated assault conviction include up to 18 months in prison and a fine of as much as $10,000.

Restraining Order Resulting from Aggravated Assault

It is important to keep in mind that a criminal charge for aggravated assault is often the tip of the iceberg since most individuals accused of domestic violence also face a restraining order in Family Court. The case must be battled on two fronts when this is the case — in criminal court and family court. While failure to successfully defend the temporary restraining order will not result in a criminal record, it will subject the accused to a final restraining order that will bar any contact with the “victim” at any time in the future. Our New Jersey domestic violence aggravated assault attorneys are adept in defending all facets of these types of cases statewide.

New Jersey Domestic Aggravated Assault Defense Attorneys

You are probably confused and intimidated with having to face prosecution for aggravated assault. Your feelings are only understandable given the penalties that can be imposed for this variety of domestic violence. What we can tell you is that your absolute biggest weapon in protecting yourself is selecting the best NJ criminal lawyer to defend your domestic aggravated assault charge. The attorneys at our firm, the Law Offices of Jonathan F. Marshall, are well suited to represent you in this capacity with decades of success representing individuals in your shoes. Call us anytime 24/7 at 877-450-8301 to speak to an attorney with the skill to help you avoid a conviction.