Aggravated assault in New Jersey is a felony charge for serious bodily injury or harm, or using a deadly weapon. It can be punished by up to 10 years in prison.
Arguments are going to happen but when they escalate into a physical altercation and an aggravated assault charge in Hudson County, the ramifications can be life changing. If you were involved in a bar fight in Hoboken, domestic incident in West New York, altercation at a Bayonne sporting event or some other form of physical confrontation that mushroomed into your being charged with aggravated assault, you should strongly consider consulting the Jersey City aggravated assault defense lawyers at our firm.
When someone sustains significant bodily injury or serious bodily injury in a physical encounter or one of the other eleven (11) categories of aggravated assault apply under New Jersey law, a criminal complaint under N.J.S.A. 2C:12-1b can be issued. This statute is rather complex but, irrespective of the circumstances of this charge, always involves a felony crime of the second, third or fourth degree that can only be handled at the Hudson County Superior in Jersey City NJ. It is therefore crucial that you speak to an experienced Hudson County aggravated assault attorney like those at our firm to discuss your options.
If you or your loved one was arrested for aggravated assault in Jersey City, Kearny, Hoboken, Weehawken, Bayonne, West New York or Union City, we can help. The team at our Jersey City criminal defense firm is comprised of ten attorneys, including multiple former county prosecutors that served as director of major crimes, drug task force and the entire trial division. The members of our team also possess over 150 years of combined experience defending aggravated assault charges in Hudson County. Contact our Jersey City Office across from the courthouse at (201) 309-1800 to speak to an accomplished defense lawyer in a free consultation.
Aggravated Assault Charges in Jersey City, NJ
Under the N.J.S.A. 2C:12-1(b) of the New Jersey criminal code, a defendant can be charged with either a 2nd, 3rd, or 4th-degree aggravated assault. All are indictable felony offenses that can only be handled in Jersey City at the Hudson County Superior Court. Where an individual charge, complaint, or indictment falls within this grading will hinge on, as stated previously, the physical injury suffered, the status of the victim, whether or not a weapon was used, and the state of mind of the accused.
Here is a breakdown of the three different levels of aggravated assault that someone can face in Jersey City:
1. N.J.S.A. 2C:12-1(b) or (3) & (4): Aggravated Assault in the Fourth Degree
- A defendant will be charged with aggravated assault in the 4th degree if they:
- Recklessly caused injury to another with a weapon.
- Recklessly point a gun in the direction or vicinity of another.
2. N.J.S.A. 2C:12-1(b)-(2) or (7) thru (9): Aggravated Assault in the Third Degree
- A defendant will be charged with aggravated assault in the 3rd degree if they:
- Brandish or point a firearm at another.
- Brandish or use an imitation firearm to intimidate a police officer.
- Cause bodily injury to another with a deadly weapon.
- Attempted to and/or caused significant bodily injury to another.
3. N.J.S.A. 2C:12-1(b)-(1) or (6): Aggravated Assault in the Second Degree
- A defendant will be charged with aggravated assault in the 2nd degree if they:
- Attempted to and/or caused serious bodily injury to another.
- While eluding the police there is an motor vehicle accident and someone suffers bodily injury.
What are the Penalties for Aggravated Assault in NJ?
- 4th Degree Felony: up to 18 months in prison, fined up to $10,000 and a felony criminal record.
- 3rd Degree felony: 3 – 5 years in prison, up to a $35,000 fine and a felony criminal record.
- 2nd Degree felony: 5 – 10 years in state prison, up to a $150,000 fine and felony criminal record.
What is serious bodily injury?
- The New Jersey Legislature has defined:
- Bodily Injury: Caused physical pain, illness, or any impairment of physical condition;
- Serious Bodily Injury: Caused “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” and
- Significant Bodily Injury: Caused “bodily injury which creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses.
Pretrial Detention For Someone Charged with Aggravated Assault in Hudson County
On January 1, 2017, traditional bail was eliminated in the state of New Jersey. This change is commonly referred to as bail reform. What happens now when someone is arrested for aggravated assault is that the charge is placed on a warrant complaint in almost all instances. This results in the necessity of the defendant being detained from up to 48 hours before they appear before a judge in Jersey City and there terms for their pretrial release may be placed on the record in open court. This process typically takes place at Central Judicial Processing although the prosecutor has the right to object to the release of an accused. An individual is held for an additional three days until a formal detention hearing may be conducted when this occurs. Enlisting the services of a savvy Jersey City aggravated assault lawyer prior to your initial appearance can significantly increase your chances of avoiding a detention motion.
Other Important Consideration If You Were Arrested for Aggravated Assault
There are certain provisions of New Jersey law that come into play when someone is arrested for aggravated assault. Our Jersey City aggravated assault lawyers are highly knowledgeable in all of these programs but there are some basics you should know. First and foremost, there is a presumption of incarceration that applies whenever someone is convicted of a second degree aggravated assault. This means that there is a virtual certainty of your going to prison if you are convicted in Jersey City of a second degree crime under 2C:12-1b. The No Early Release Act, commonly referred to as NERA, also requires that an individual serve 85% of his/her prison term before becoming eligible for parole if they are sentenced for second degree aggravated assault. There is some good news, however, and this is largely as the result of Pretrial Intervention (“PTI”). This program allows an individual to complete one year of probation and, in return, he/she avoids a criminal record and penalties for aggravated assault.
Immigration & Hudson County Aggravated Assault Charges
There are significant consequences to a defendant charged with aggravated assault when they are not a citizen of the United States. Whether the person holds a green card (i.e. permanent resident) or is a visa holder, a conviction for an aggravated felony results in deportation proceedings. Aggravated assault qualifies as an aggravated felony so it is extremely important that anyone lacking citizenship retain the very best Jersey City aggravated assault defense attorney they can find.
Aggravated Assault Defense Lawyers Serving All Of Hudson County
If you or a loved one has been charged with aggravated assault in New Jersey, you are facing serious, life altering consequences. It is imperative that you contact an experienced Hudson County NJ assault defense lawyer to protect your liberty. The Law Offices of Jonathan F. Marshall represents clients charged with aggravated assault throughout Hudson County, New Jersey including in towns like Weehawken, Bayonne, North Bergen, Jersey City, Hoboken and Union City for over fifteen years. Our team of criminal defense lawyers are eager to fight to protect your freedom. If you have any further questions about assault charges in New Jersey please contact our Jersey City office directly at (201) 309-1800 for a free initial consolation.
