Aggravated Assault Charges
Aggravated assault may be charged in many scenarios, most of which are based on whether the defendant tried to cause or did cause some type of bodily injury. It is considered aggravated assault to:
- Cause or try to cause bodily injury, on purpose, knowingly, or recklessly. (Second degree aggravated assault)
- Cause or attempt to cause bodily injury with a deadly weapon such as a weapon or a brick. (Third degree aggravated assault)
- Recklessly cause bodily injury with a deadly weapon (Fourth degree aggravated assault)
- Knowingly show extreme indifference to the value of human life. This includes pointing a gun at someone, whether or not the weapon is loaded. (Fourth degree aggravated assault)
- Cause injury while fleeing or trying to evade law enforcement or unlawfully driving. (Second degree aggravated assault)
- Cause or attempt to cause injury while displaying extreme indifference to human life. (Third degree aggravated assault)
- Commit simple assault against people with special protection under the law. This includes firemen, law enforcement officers, employees of the Division of Child Protection and Permanency, judges, corrections officers, and many health care workers.
Penalties for Aggravated Assault
Regardless of the degree of the aggravated assault charge you are facing, you may be looking at prison time, high fines, a long probation period, and a felony charge on your record. A second degree aggravated assault charge carries a maximum penalty of 10 years in prison. As aggravated assault falls under New Jersey’s No Early Release Act (NERA), a full 85% of the sentence must be served. You can also face a fine of up to $150,000.
Aggravated assault in the third degree carries a prison term of 3-5 years and a fine of up to $15,000. A fourth degree aggravated assault charge has a penalty of up to 18 months in prison, a fine of up to $10,000, and a felony on your record.
Contact An Aggravated Assault Attorney Today!
If you or someone you love has been charged with aggravated assault, it is very important to discuss your case with an experienced assault defense attorney who can help you protect your rights and fight your charges. If the fight began with mutual consent or you were defending yourself, we may be able to get your charge downgraded to a misdemeanor or dismissed. Contact the Law Office of Mark A. Bernstein at (609) 299-1647 to schedule a free consultation.
Contact an experienced assault defense attorney today!