Camden County Aggravated Assault Lawyer
Criminal Defense Attorney in Collingswood, New Jersey
Aggravated assault is a very serious charge in New Jersey that can subject a person to significant penalties, including prison time, if convicted.
The criminal defense team at the Tormey Law Firm know that an aggravated assault charge can happen to anyone as an initially harmless situation can sometimes escalate into a physical altercation resulting in serious injury to another person. If this happens, you will need a talented and experienced criminal defense attorney to help you get the most desirable outcome in your case.
The attorneys at the Tormey Law Firm have had tremendous success handling threat and assault related offenses for years in Camden and Burlington County including Deptford, Gloucester City, and Mount Holly. In fact, one of the members of our criminal defense team is a former county prosecutor in New Jersey who used to prosecute aggravated assault charges for the State. If you have been charges with aggravated assault, having an attorney who knows what it takes to potentially beat the charges against you is imperative. Call the Tormey Law Firm at 877-450-8301 anytime for a free initial consultation.
Aggravated Assault Lawyer in Cherry Hill New Jersey
Aggravated assault is among the broadest crimes in New Jersey as there are more than 10 different charges under the statute. It can be a second, third or fourth degree crime depending on a variety of factors such as the severity of the injury to the victim, where the assault happened, whether a weapon was used, and the age of the victim. These are all indictable (felony) level offense so the case will be handled in the Superior Court in the county that the offense was committed.
Here is a breakdown of the different charges under aggravated assault. They are ordered from most severe to least severe in terms of the penalties involved if convicted.
1) 2C:12-1b(1) Second Degree – Aggravated Assault
The actor attempts to cause or purposely or knowingly causes serious bodily injury under circumstances manifesting extreme indifference to the value of human life, recklessly causing such injury. As a second degree crime, a person can receive 5 to 10 years in new Jersey State Prison if convicted. Further, this charge is included under the “No Early Release Act” meaning 85% of the sentence must be served before you are eligible for parole.
2) 2C:12-1b(6) Second Degree – Aggravated Assault During a Theft
When the actor causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer or while unlawfully operating a motor vehicle. The bail for this charge is between $20,000 and $50,000 and the 10 percent cash bail option is available.
3) 2C:12-1b(2) Third Degree – Assault with a Deadly Weapon
The actor attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon. The bail for this charge is between $20,000 to $50,000 and the 10 percent cash bail option is available.
4) 2C:12-1b(7) Third Degree – Assault with Extreme Indifference to Life
The actor attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury. The bail for this charge is between $15,000 to $35,000 the 10 percent cash bail option is available.
5) 2C:12-1b(9) Third Degree – Assault on a Police Officer with a Weapon
The actor knowingly under circumstances manifesting extreme indifference to the value of human life points or displays a firearm at or in the direction of a police officer. The bail for this charge is between $50,000 to $75,000 and the 10 percent cash bail option is available.
6) 2C:12-1b(5) Third or Fourth Degree – Simple Assault on a Police Officer
The actor commits simple assault upon police officer or upon others listed under the statute such as teachers, judges, firemen, first aid personnel, bus drivers, department of corrections employees, and Division of Child Protection and Permanency workers. This charge is a fourth degree crime and the bail is between $1,000 and $2,500 unless the victim suffers a bodily injury. If this is the case, it is a third degree crime and the bail is between $5,000 and $15,000. The 10 percent cash bail option is available for both charges.
7) 2C:12-1b(3) Fourth Degree – Assault with a Deadly Weapon
The actor recklessly causes bodily injury with a deadly weapon. The bail for this charge is between $1,000 to $2,500 and the 10 percent cash bail option is available.
8) 2C:12-1b(4) Fourth Degree – Assault by Showing a Weapon
The actor, knowingly under circumstances manifesting extreme indifference to the value of human life, points a firearm at or in the direction of another, whether or not the actor believes it to be loaded. The bail is between $1,000 and $2,500 and the 10 percent cash bail option is available.
9) 2C:12-1d Fourth Degree – Assault on the Elderly
The actor employed by public or private facility or institution, which offers health or health related services for the institutionalized elderly, commits a simple assault upon an institutionalized elderly person, age 60 or older. The bail for this charge is between $2,500 to $5,000 and the 10 percent cash bail option is available.
10) 2C:12-1f Fourth Degree – Simple Assault in the Presence of a Child
The actor commits a simple assault in the presence of a child under age 16 at a school or community sponsored youth sports event. The bail for this charge is between $1,000 to $2,500 and the 10 percent cash bail option is available.
Note: Please refer to N.J.S.A. 2C:11-1 for definitions of bodily injury, significant bodily injury, and serious bodily injury.
Aggravated Assault Prison Sentencing
Aggravated assault in the second degree has a presumption of incarceration and therefore, if you are convicted, carries a prison sentence of 5 to 10 years in New Jersey State Prison. Further, it is among the charges enumerated under the “No Early Release Act” meaning you must serve 85 percent of the sentence before parole eligibility. Fines of up to $150,000 may also be imposed if found guilty.
Aggravated Assault in the third degree carries a prison sentence of 3 to 5 years in New Jersey State Prison and a potential fine of up to $15,000.
Aggravated Assault in the fourth degree results in a permanent criminal record as well as a prison sentence of up to 18 months and a maximum fine of $10,000.
Contact a Gloucester Aggravated Assault Lawyer for a Free Consultation
The criminal defense attorneys at the Tormey Law Firm are always available to speak with you about your case and begin to formulate an aggressive strategy to defend you against an aggravated assault charge. Our criminal defense team understands the details of assault law in New Jersey and we will use this knowledge to help you best defend against these charges. Call us today at 877-450-8301 for a free initial consultation about your case.