New Jersey Aggravated Assault Lawyers
Aggravated assault is one of the most serious of assault offenses and, as such, it carries a much tougher potential penalty. An individual may be charged with aggravated assault if the prosecution can prove any of the following:
- Reckless cause of bodily injury to someone with a deadly weapon (which has a broad definition in and of itself),
- Attempt to cause or purposefully or knowingly cause bodily injury to another person with a deadly weapon,
- Attempt to cause serious bodily injury to someone or cause such an injury purposely, knowingly, or under a negligent, or reckless situation, or
- Recklessly pointing a firearm at another person
Bodily injury ranges from simple to significant to serious. Bodily injury does not include mental or emotional injury. A bodily injury is said to be significant if there is a temporary loss of the function of any body part and becomes serious when there is a substantial risk of death, disfigurement or impairment of any organ or body part. An injury is an essential element for aggravated assault.
A charge of assault is aggravated according to the intent of the alleged perpetrator — whether the assault is committed purposely, knowingly or recklessly.
Extreme Indifference to Human Life
This condition applies if there is a conduct that shows that the action was committed without any respect for the human life.
If a weapon of any kind, even if the original purpose is not intended as a weapon, such as a crow bar or broken bottle, is used during the assault which results in serious bodily injury to the victim it is considered a deadly weapon.
Once it is established that the crime can be classified as an aggravated assault, it is then determined as to which level the offense can be categorized. There are several degrees of aggravated assault ranging from fourth degree to second degree. Aggravated assault is an indictable offenses and are felonies under New Jersey law. In general, a person charged with aggravated assault could face up to 10 years in prison and thousands of dollars in fines.
Contact our New Jersey aggravated assault lawyers
There is no doubt that if you are facing aggravated assault charges, a violent crime, your future and freedom are in serious jeopardy. With the law offices of Aiello, Harris, Marth, Tunnero and Schiffman, P.C., on your side, our team of former prosecutors with decades of experience in fighting serious criminal charges like aggravated assault will not rest until they secure the best possible outcome for your unique circumstances. But you must not hesitate to begin taking charge of your defense – contact the criminal defense team at Aiello, Harris, Marth, Tunnero & Schiffman, P.C. call us today at (908) 561-5577 or contact us online. Your initial consultation is free.