Aggravated Assault: N.J.S.A. 2C:12-1(b)

Aggravated Assault Attorney Near Me in Essex County

With offices in Newark, New Jersey

Essex County Aggravated Assault Charges Help Best Defense
NJ Aggravated Assault Lawyer – 2C:12-1(b)

Aggravated assault is a serious felony charge in New Jersey that will be graded as a second or third degree indictable (felony) offense depending on the nature of the force used, whether or not a weapon was involved, and the extent of the damage or injuries to the victim. In addition, because it is considered a violent crime under the No Early Release Act, you must serve 85% of your state prison sentence before being released on parole if you are convicted of aggravated assault in NJ.

Don’t let an innocent mistake or inadvertent action ruin your life. If you’ve been accused of an assault or threat crime in New Jersey (including aggravated assault), it is imperative that you have experienced legal representation in your corner. For a free initial consultation with a Montclair Aggravated Assault Attorney, contact our offices anytime for a free initial consultation at 201-654-3464.

The criminal defense lawyers at the Tormey Law Firm are prepared to help you beat your aggravated assault or simple assault charges. Prior to founding the firm, Travis J. Tormey served with the United States Attorney’s Office in the gang task force, sex crimes unit, and white collar crimes unit. Now he fights on behalf of defendants in courts throughout Essex County, NJ, including Orange, Bloomfield, and Montclair. We have several other experienced criminal defense attorneys who have literally handled thousands of assault charges and domestic violence cases in New Jersey.

Call the Tormey Law Firm

Call us today at 201-654-3464 to discuss your aggravated assault charges. Also, feel free to view examples of our Successful Assault Case Results.

NJ Aggravated Assault Charges: N.J.S.A. 2C:12-1(b)

When an argument gets out of hand, aggravated assault charges often follow. That’s because the New Jersey Criminal Code defines “aggravated assault” in such a way that it can apply to just about any kind of altercation. Anytime a person purposely, knowingly, or recklessly causes serious bodily injury, they can be charged with aggravated assault. You can also be charged with aggravated assault for manifesting extreme indifference to human life.

Other circumstances that can lead to aggravated assault charges include:

  • Causing injury during a theft
  • Injuring another person while eluding police
  • Causing bodily injury with a deadly weapon
  • Pointing a firearm in the direction of another person
  • Assaulting a police officer
  • Committing a simple assault upon an elderly person
  • Assaulting another person in the presence of a child

Essex County Aggravated Assault Penalties

Aggravated assault is an indictable, felony-level crime. The exact classification of an aggravated assault charge varies, depending upon the type of offense and the severity of the injuries. Other relevant factors include whether a firearm or other deadly weapon was used, the mental state of the defendant, the occupational status of the victim, and the location of the aggravated assault.

Regardless of the degree of your offense, you are looking at severe penalties:

  • Second degree aggravated assault: A term of incarceration of 5–10 years in New Jersey State Prison, with a presumption of incarceration.
  • Third degree aggravated assault: A sentence of between 3–5 years in NJ State Prison.
  • Fourth degree aggravated assault: A sentence of up to 18 months in state prison.

Aggravated Assault – Summons or Warrant Complaint?

A criminal charge in New Jersey can be issued on a summons or a warrant. On a summons, once you are arrested and processed, you are released with the summons complaint paperwork and a court date. On a warrant, on the other hand, after you are arrested and processed you are taken to the Essex County jail to be housed until your bail can be reviewed by a Judge (usually within 24-48 hours). On a domestic violence aggravated assault charge, the police must issue the charges on a warrant.

If the State moves for detention, then the defendant will be held until the detention hearing (which is usually held within 5 days). At the detention hearing, the State will argue that the defendant is a danger to the community and/or a flight risk and should be held in jail while the case proceeds in court. The defense will argue for the defendant’s release. There is a presumption that the defendant will be released from custody in most cases that the State must overcome. The Judge will consider the nature of the charges, the strength of the evidence and the State’s case, the defendant’s ties to the community and any prior criminal history and then render a decision.

Pre-Indictment Conference Essex County NJ (Newark) on Aggravated Assault Charges

Once the charges are issued, they will be scheduled in the Essex County Superior Court for a pre-indictment conference. Most cases are scheduled for a pre-indictment conference before they are presented to a grand jury for an indictment to see if they can be resolved first. This saves the State a lot of time and money and allows defendants to receive a favorable plea offer early on in the case to see what can be worked out.

If the case does not resolve at the pre-indictment conference, the aggravated assault charges will be presented to the grand jury for an indictment. In rare cases, the charges may be downgraded to simple assault and remanded to municipal court or administratively dismissed by the Prosecutor’s office.

Frequently Asked Questions (FAQ) Regarding Aggravated Assault Charges in NJ

FAQ: Is Aggravated Assault a felony in NJ? Yes. This is an indictable (felony) charge which will be handled in the Superior Court and prosecuted by the County Prosecutor’s office.

FAQ: Am I eligible for Pre-Trial Intervention? Possibly, if you have no criminal record and you have never used a diversion program before. However, on a 2nd degree aggravated assault charge, you can’t even apply to PTI unless the State consents. In addition, if your aggravated assault arose in a domestic violence situation, you must plead guilty to the charge in order to be admitted into PTI. If you successfully complete the PTI probation, your charges will be dismissed at the end of the probationary period.

FAQ: Am I going to jail if convicted of aggravated assault? It depends on the degree of your charges and your prior criminal record. There is a presumption of jail time on a 2nd degree aggravated assault charge. However, on a third or fourth degree charge, there is a presumption that you will be sentenced to probation if this is your first felony conviction.

Charged with Aggravated Assault? We can help

Whether you’ve been charged with aggravated assault or simple assault in Montclair New Jersey or anywhere in Essex County NJ, it is crucial that you have an experienced criminal defense attorney on your side. The criminal trial team at the Tormey Law Firm includes lawyers who know what it takes to beat an aggravated assault charge in court. We have successfully represented thousands of clients in superior courts and municipal courts throughout the state on assault charges including aggravated and simple assault. Our top priority will be to fight your charges and get the case dismissed. If you are concerned about your future, call Travis Tormey today at 201-654-3464, or fill out the online contact form to schedule a free consultation at our office in Newark, NJ.

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