Whether tempers flared up or you got in a fight, you might find yourself charged with aggravated assault. Aggravated assault is a very serious offense in New Jersey, and the consequences of a conviction can be severe. If you’re facing aggravated assault charges, you need an attorney to represent you.
What is Aggravated Assault?
New Jersey law divides assault into two categories: simple and aggravated. Simple assault is knowingly or purposely causing bodily harm or making someone fear bodily harm. Aggravated assault is the same, but with aggravating factors present. The law lists 11 different situations where something can be considered aggravated assault. Generally, an assault is aggravated if it shows indifference toward the value of human life, causes serious injury, involves a deadly weapon or fire, takes place during the course of another crime, or is directed at a public servant like a police officer or firefighter.
Depending on the circumstances, aggravated assault can be a fourth, third, or second degree crime. The fourth-degree version can lead to 18 months in prison and a $10,000 fine. The third-degree version carries a 3-5 year sentence and a fine up to $15,000. Second-degree aggravated assault carries a 5-10 year sentence and a fine of up to $150,000.
In addition to the sentence, anyone convicted of aggravated assault will have a criminal record, which makes it more difficult to find work, housing, or financial aid.
How do I beat aggravated assault charges?
As always, the facts of your case determine what defenses will work. If you used force you reasonably believed was necessary to protect yourself or someone else, we can argue that you were acting in self-defense. In other cases, we might be able to show that you caused an injury accidentally, not knowingly. In fourth and third degree cases, we might be able to help you enroll in a diversionary program, where you would undergo counseling and anger management instead of a prison sentence.