Aggravated Assault Attorneys in Wall
The aggravated assault law that applies in Wall was written by the Legislature with the intent of casting a large net. For this reason, there are numerous forms of conduct that fall under N.J.S.A. 2C:12-1(b). If you are facing aggravated assault charges stemming from an incident in Wall Township, then your case will be handled at the Superior Court in Freehold. Depending on the circumstances, aggravated assault charges will be in either the second, third or fourth degree, which makes them indictable crimes (i.e. must be presented to a grand jury before prosecution may proceed). This grading of aggravated assault reflects four factors: (1) the degree of injury inflicted or attempted to be inflicted on the victim; (2) the nature of the force, i.e., whether a firearm or other deadly weapon was used; (3) the mental state of the actor; and (4) the status of the victim.
Our attorneys have decades of experience defending all forms of aggravated assault. Several lawyers at The Law Offices of Jonathan F. Marshall also have the benefit of years serving as prosecutors. To speak to an attorney with the tools to effectively defend your Wall NJ aggravated assault offense, call us at 732-449-2292. A lawyer is available 24/7 at this number to provide a free initial consultation.
Aggravated Assault Charge in Wall Township
There are several varieties of aggravated assault charge that you can face in Wall Township. The following is a breakdown of the most common types of offense under 2C:12-1(b) along with a summary of the important characteristics.
Attempt to Cause/Causing Serious Bodily Injury. The first type of aggravated assault is an attempt by the defendant to cause serious bodily injury to another or actually causing said serious bodily injury to the victim. This means that there can be a conviction for this crime even if no injury occurred. Serious bodily injury means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. This is a crime of the second degree and carries up to ten (10) years of prison time. Moreover, the No Early Release Act (NERA) applies to this type of aggravated assault and a defendant must serve 85% of the sentence before being eligible for parole.
Aggravated Assault Involving Significant Bodily Injury. It is a third degree crime to attempt to cause significant bodily injury to another or to cause significant bodily injury purposely or knowingly or to cause significant bodily injury recklessly under circumstances manifesting extreme indifference to the value of human life. “Significant bodily injury” means bodily injury which creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses. As a third degree crime this carries up to five years in prison with an 85% period of parole ineligibility under NERA.
Attempt to Cause or Causing Bodily Injury With a Deadly Weapon. Another third degree form of aggravated assault occurs when the defendant attempts to cause or actually causes bodily injury to another with a deadly weapon. Unlike the simple assault version of this charge, the State must prove that it was your purpose to cause bodily injury. Like the other third degree version of aggravated assault, this carries up to five years in prison with an 85% period of parole ineligibility. Furthermore, there may be other Graves Act implications if the weapon involved was a gun.
Recklessly Causing Bodily Injury With A Deadly Weapon. It is a fourth degree crime of aggravated assault if you recklessly cause bodily injury to another with a deadly weapon. This crime is a bit easier to prove than purposefully intending to cause bodily injury with a deadly weapon and for that reason it is only a fourth degree offense. NERA applies to this aggravated assault and you must serve 85% of the sentence, which can reach up to eighteen (18) months, before being eligible for parole, if convicted.
Assault by Auto Involving Serious Bodily Injury. Unlike the simple assault version of this offense, where there is serious bodily injury involved, the charge will elevate to a fourth degree. AS a fourth degree offense, this carries up to eighteen (18) months in prison.
Aggravated Assault on a Law Enforcement Officer. It is a fourth degree crime to inflict any bodily injury upon a police officer. Typically, for the offense to become aggravated assault, the officer must be in the act of performing his duties as a cop. Bodily injury inflicted upon off-duty cops will not qualify under this statute. Again, as a fourth degree offense this carries up to eighteen (18) months in prison, 85% of which must be served.
Wall Aggravated Assault Lawyer
As you can see, an aggravated assault offense results in significant consequence if you failed to successfully defend the charge. The attorneys at The Law Offices of Jonathan F. Marshall can help you insure that this does not happen. We have over 100 years of combined experience to put into action on your behalf, including years formerly serving as prosecutors. To speak to a lawyer with the skills you need in this difficult time, call our Wall NJ Law Office at 732-449-2292.