Were You Arrested For Aggravated Assault in Hoboken? Contact Our Hoboken Office To Speak To An Experienced Aggravated Assault Defense Attorney About Your Charge.
Individuals are arrested in Hoboken all the time for aggravated assault. Although some of these charges stem from domestic violence, the biggest block of offenses are fueled by an alcohol related confrontation with a third party or the Hoboken Police. In many instances, there are allegations that some form of weapon was involved. Irrespective of the context in which your offense arose, you need to find the best Hoboken aggravated assault lawyer that you can find because you are facing a felony and the potential for years in state prison.
Our Hoboken Office is ready to serve your needs if you have been charged with aggravated assault. We are a team of ten (10) criminal attorneys who have almost 200 years of combined experience, including decades serving as prosecutors at both the county and municipal court level. Every client our firm defends gets the benefit of our vast resources for defending charges in Hudson County. To discuss the facts of your aggravated assault case with an attorney at our firm, call 201-932-2288.
Hoboken NJ Aggravated Assault Charge
An aggravated assault offense can come in three grades under N.J.S.A. 2C:12-1b. You can face an offense under this law as a second degree crime, third degree crime or fourth degree crime. Factors that come into play in determining where an incident falls within this grading include use of weapon (e.g. bat, fixed object, knife, gun, etc.), severity of the injuries to the victim and whether the victim has some enhanced protection under 2C:12-1b(5) (e.g. police office, EMT, teacher, etc.). The headings below outline in more detail how each pedigree of Hoboken aggravated assault arises.
Second Degree Aggravated Assault in Hoboken
There are three (3) ways that a second degree aggravated assault can arise. The first way 2nd aggravated assault occurs is where serious bodily injury is sustained as the result of an attempt to cause, intentionally causing or acting recklessly under circumstances manifesting extreme indifference to the value of human life. Second degree aggravated assault also arises when someone causes bodily injury to another person while eluding the police. The third scenario in which a second degree crime is triggered is where significant or serious bodily injury is sustained as the result of someone knowingly causing a fire or explosion.
Third Degree Aggravated Assault in Hoboken
The largest percentage of Hoboken aggravated assault cases fall within the third degree range. There are thirteen (13) separate categories of aggravated assault set forth under 2C:12-1b and at least seven (7) of them have the potential to fall within the range of a third degree crime. It is a third degree crime for someone to:
(i) attempt to cause or purposely or knowingly causes bodily injury to another with a deadly weapon;
(ii) attempt to cause significant bodily injury or cause significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury;
(iii) 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;
(iv) knowingly point, display or use an imitation firearm at or in the direction of a law enforcement officer with the purpose to intimidate, threaten or attempt to put the officer in fear of bodily injury or for any unlawful purpose;
(iv) use or activate a laser sighting system or device, or a system or device against a law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority;
(vi) cause bodily injury to a police officer, teacher, EMT or other public official protected by 2C:12-1b(5) while committing a simple assault; or
(vii) cause bodily injury to someone as a result of a fire or explosion that was knowingly or purposely started.
Fourth Degree Aggravated Assault in Hoboken
It is a fourth degree crime to commit aggravated assault by recklessly causing bodily injury with a deadly weapon or by knowingly pointing a firearm in the direction of another under circumstances manifesting extreme indifference to the value of human. A simple assault committed against a Hoboken police officer, corrections officer, teacher or another individual protected under 2C:12-1b(5) also results in a fourth degree aggravated assault if there is no bodily injury.
Penalties for Aggravated Assault
The penalties that may be imposed upon conviction for aggravated assault vary with the degree of crime. Fourth degree aggravated assault results in up to a $10,000 fine and 18 months in prison. The maximum fine is $15,000 and imprisonment is up to 5 years for third degree aggravated assault. The most serious form of aggravated assault is a second degree crime. Second degree aggravated assault results in 5-10 years in prison and a potential fine of $150,000.
You should know that the No Early Release Act, commonly referred to as NERA, applies to second degree aggravated assault. The provision of the New Jersey Criminal Code mandates that an individual serve at least eighty-five (85) percent of his/her prison sentence before they may be considered for parole.
There are collateral consequences of a conviction that can also significantly impact your life if you are convicted of aggravated assault at the county courthouse in Jersey City. Your immigration status may be revoked (e.g. Green Card or Visa), you may be denied government benefits and will have a felony criminal record that can prevent you from securing employment, a professional license and embarking on other avenues.
Aggravated Assault Attorneys in Hoboken New Jersey
If you were arrested for aggravated assault in Hoboken based on allegations that you assaulted a police officer or any other circumstance, hiring the right attorney to defend your case is one of the most important decisions you will make. Failure to secure an acquittal obviously brings with it a slew of possible negative ramifications and a gifted lawyer can significantly improve your chances of avert a poor outcome. The attorneys at our firm certainly possess the attributes needed to fully ensure you have every opportunity to escape a conviction. Call the Law Offices of Jonathan F. Marshall at 201-932-2288 to speak to one of our lawyers immediately about your Hoboken aggravated assault charge.
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