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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:
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.
Case Study
The attorneys of the Aiello, Harris, Abate, Law Group PC were able to convince the Hunterdon County Prosecutor’s Office to dismiss the third degree crime (felony) and remand the case to the Municipal Court with a lower charge as a disorderly person’s defense (misdemeanor).
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.
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, Abate Law Group PC 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 NJ criminal defense team at Aiello, Harris, Abate Law Group PC.
Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.
The Aiello Harris Abate Law Group is made of a group of professionals that are here to help you through all challenges.
Get to Know UsOur law firm does not stop at Aggravated Assault Charges — take a look at how we can help you overcome your legal obstacles.
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