An Accomplished Criminal Lawyer Who Is A Former Middlesex County Prosecutor Is Ready To Defend Your Aggravated Assault Offense In New Brunswick
Like other crimes of violence, a New Jersey aggravated assault offense carries stiff penalties if you are found guilty at the Middlesex County Superior Court. This is the primary reason why you need to retain a highly experienced Middlesex County aggravated assault defense lawyer if you have been arrested or otherwise charged with aggravated assault. You will absolutely need a skilled attorney with a strong knowledge of criminal law to defend your aggravated assault charge.
The attorneys at our law office, Marshall Criminal Defense, have precisely what is needed to secure an acquittal to your assault charges. Our exceptional qualifications to ensure the best outcome in your Middlesex County case include:
- 15 attorneys that limit their practices exclusively to representing clients charged with simple assault, aggravated assault, terroristic threats, stalking and other criminal charges
- Over 200 years of combined experience handling all assault charge practice areas at the Middlesex County Courthouse in New Brunswick and in municipal court proceedings throughout the jurisdiction
- Former members of the Middlesex County Prosecutors Officer and other top law enforcement agencies that have served as the Director of the Domestic Violence Unit, Major Crimes, Special Operations, Juvenile, Guns Task Force, Drugs Task Force, and even the entire Trial Division
- Former municipal prosecutors in Woodbridge, Edison, New Brunswick, Piscataway, East Brunswick and other towns in Middlesex County NJ
- Certified criminal trial attorneys
- A history of securing dismissals and other favorable outcomes spanning decades in cases involving an aggravated assault charge or a simple assault charge
Our Middlesex County criminal defense lawyers have worked hard to build a reputation of providing extraordinary solutions for clients facing assault charges or a restraining order and are ready to accomplish the same for you. To this end, we encourage you to contact our New Brunswick Office or Edison Office for a free initial consultation to receive the criminal law advice you need. We can be reached 24/7 at 877-450-8301.
How Our Criminal Defense Attorneys Can Help You Defend A Middlesex County Aggravated Assault Charge
Aggravated assault is a criminal offense that can result in a second degree, third degree or fourth degree crime under N.J.S.A. 2C:12-1b. Where a particular criminal charge falls within these grades depends on circumstances like whether a weapon was used in the assault, who the victim was, and the severity of the injuries sustained (e.g. bodily injury, serious bodily injury or significant bodily injury). Examples of scenarios resulting in aggravated assault charges in Middlesex County NJ are:
- Causing serious bodily injury to another person as the result of an intentional or reckless act
- Causing bodily injury intentionally or recklessly with a deadly weapon
- Committing simple assault, what is typically a disorderly persons offense handled in municipal court, on a police officer, EMT, correction officer, teacher or another public employee afforded heightened protection under N.J.S.A. 2C:12-1b(5)
- Attempting to cause or Purposely or recklessly causing significant bodily injury to another person
- Assaulting a victim who is protected by the New Jersey Prevention of Domestic Violence Act
It is also considered aggravated assault when a person:
- Points a firearm or imitation firearm at a law enforcement officer (or a loaded gun at anyone),
- Causes bodily injury or worse to another person while attempting to flee a law enforcement officer (i.e. elude or eluding), and
- The defendant starts a fire (i.e. arson) or causes an explosion that injures another person
- Chokes or strangles someone who is a victim of domestic violence
Key terms to know in aggravated assault cases:
- “Deadly weapon” – 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 to reasonably believe it to be capable of producing death or serious bodily injury.
- “Serious Bodily Injury” – 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.
- “Significant Bodily Injury” – 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.
Penalties If You Are Convicted For Aggravated Assault in Middlesex County
The severity of the penalties that someone charged with aggravated assault in Woodbridge, East Brunswick, Piscataway, Edison or another municipality faces at the Middlesex County Superior Court hinges on the second offense. One of the talented Middlesex County aggravated assault lawyers, in particular, Jason Seidman, a further member of the Middlesex County Prosecutors Office, is ready to ensure that avoid the following penalties:
- Second Degree Aggravated Assault. You face 5-10 years in prison and a $150,000 fine if a Middlesex County Prosecutor is able to secure a conviction for this second degree crime.
- Third Degree Aggravated Assault. A defendant may be sentence to up to 5 years in prison and fine up to $15,000 for a third degree 2C:12-1b offense.
- Fourth Degree Aggravated Assault. A fourth degree crime for aggravated assault results in up to 18 years in prison and a fine of up to $10,000.
A New Jersey Superior Court judge must also apply the No Early Release Act (“NERA”) at the time of sentencing for aggravated assault. This legal provision requires that a defendant serve at least 85% of his/her sentence before becoming eligible for parole. You should also know that aggravated assault or even simple assault is considered a predicate act of domestic violence that can result in a restraining order.
Defending Middlesex County Aggravated Assault Charges
There are numerous things that our attorneys can do to help someone arrested for aggravated assault in Middlesex County. First and foremost, our criminal defense lawyers will do whatever is necessary to secure pretrial release. This may involve persuading the Middlesex County Prosecutors Office not to file a motion to detain so that our client can secure release at his/her first appearance. If we cannot get you released on your own recognizance, we will aim for the lowest level conditions available under New Jersey law.
Once your release is secured, we will begin an independent investigation into the charges, including examining any evidence the prosecution has, and argue for disputable evidence to be excluded from your case. We can identify flaws in the prosecution’s case, such as:
- Illegal arrest
- Illegal search and seizure
- Faulty suspect lineup or mistaken identity
- False witness testimony
- Faulty or fabricated evidence
- Faulty forensic testing
- Racial, ethnic, or socio-economic bias
- Other police or prosecutorial misconduct
Jonathan F. Marshall and our lead Middlesex County criminal defense attorney, Jason Seidman, will also begin negotiations with the prosecution to have charges dismissed or reduced as part of a plea bargain. And if a favorable outcome cannot be secured, our team will develop a strong and persuasive trial strategy.
Remember, an arrest may be the beginning of a long process, but it does not have to end in a guilty verdict. Talk to our Middlesex County aggravated assault attorneys today to learn how we can put our knowledge, skills, and experience to work for you. There are several potential defenses available to those charged with aggravated assault that we can explore in this context, including:
- Self-defense
- Acting in the heat of passion
- Lack of intent to harm
- Mental illness at the time of the alleged incident that prevented the ability to distinguish right from wrong
Contact Our Middlesex County Criminal Aggravated Assault Defense Attorneys Today
Our aggravated assault attorneys will protect your rights, especially your right to a robust defense against the criminal offense you face in New Jersey at the Superior Court. We will do everything permitted by law to obtain the best result to your criminal charges. You count on this representation given that a criminal defense lawyer with a track record of success defending aggravated assault charges in Middlesex County NJ is unquestionably here at the Law Offices of Jonathan F. Marshall.
If you have been arrested for allegedly committing an aggravated assault offense, exercise your right to remain silent and call contact an experienced Middesex County criminal defense attorney at our law office for a free case evaluation. An attorney on our staff is available for a free consultation 24/7. Call us at 877-450-8301 for the sound legal guidance you absolutely need to avoid a criminal charge for aggravated assault.
