An allegation of aggravated assault is a serious criminal charge in Union County, New Jersey, carrying the potential for significant prison time, substantial fines, and a permanent criminal record that can follow you for life. If you or a loved one has been charged with aggravated assault in Union County, the immediate steps you take are critical. Securing an experienced and aggressive criminal defense attorney is paramount to protecting your future.

Brett M. Rosen, Esq., Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, possesses the skill, knowledge, and tenacity to challenge the prosecution’s case against you. With a record of  defending clients across Union County, including in Elizabeth, Linden, Plainfield, and surrounding communities, Mr. Rosen is the advocate you need in your corner.

Understanding Aggravated Assault Charges in New Jersey (N.J.S.A. 2C:12-1b)

In New Jersey, a simple assault can be elevated to the more serious charge of aggravated assault under various circumstances. The distinction often lies in the severity of the alleged injury, the use of a weapon, or the status of the alleged victim.

An individual can be charged with aggravated assault for:

• Attempting to cause or causing serious bodily injury to another person. “Serious bodily injury” is defined as an injury that creates a substantial risk of death or causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

• Attempting to cause or causing bodily injury with a deadly weapon.

• Recklessly causing bodily injury with a deadly weapon.

• Knowingly, under circumstances manifesting extreme indifference to the value of human life, pointing a firearm at or in the direction of another.

• Committing a simple assault on a law enforcement officer, firefighter, emergency medical technician (EMT), teacher, judge, or other protected public servant.

Aggravated assault is an indictable offense, also known as a felony, and is graded in degrees of severity.

Potential Penalties for Aggravated Assault in Union County

The penalties for an aggravated assault conviction in New Jersey are severe and directly correlate with the degree of the crime.

• Second-Degree Aggravated Assault: This is the most serious form of aggravated assault and can result in a presumption of incarceration. Penalties include 5 to 10 years in New Jersey State Prison and fines of up to $150,000. The “No Early Release Act” (NERA) applies to second-degree convictions, meaning you would be required to serve 85% of your sentence before being eligible for parole.

• Third-Degree Aggravated Assault: A conviction for third-degree aggravated assault carries a sentence of 3 to 5 years in prison and fines of up to $15,000.

• Fourth-Degree Aggravated Assault: The least severe of the aggravated assault charges, a fourth-degree offense can still lead to up to 18 months in prison and a fine of up to $10,000.

Beyond imprisonment and fines, a conviction can lead to a host of other life-altering consequences, including:

• A felony record

• Loss of the right to own a firearm

• Difficulty finding employment or housing

• Potential deportation for non-U.S. citizens

• Damage to your personal and professional reputation

Strategic Defenses to Aggravated Assault Charges

Every case is unique, and a thorough investigation by a skilled attorney is crucial to identifying the strongest possible defense. Brett M. Rosen, Esq. will meticulously analyze the evidence against you to build a robust defense strategy. Potential defenses to aggravated assault charges in New Jersey include:

• Self-Defense: You may have been acting to protect yourself or others from imminent harm. The force used must be reasonable and proportionate to the threat.

• Lack of Intent: The prosecution must prove that you acted knowingly, purposely, or recklessly. If it can be shown that your actions were accidental or that you did not possess the required mental state, the charges may be downgraded or dismissed.

• Misidentification/Alibi: Eyewitness testimony can be unreliable. An alibi defense, proving you were elsewhere at the time of the incident, can be a powerful tool.

• Exaggerated Injuries: The prosecution may overstate the severity of the alleged victim’s injuries. Medical records and expert testimony can be used to challenge the classification of the injury.

• Illegal Search and Seizure: If evidence was obtained in violation of your constitutional rights, it may be suppressed and deemed inadmissible in court.

• Challenging the “Deadly Weapon” Classification: The prosecution may incorrectly classify an object as a deadly weapon.

Frequently Asked Questions (FAQs) About Aggravated Assault in Union County

Q: What is the difference between simple assault and aggravated assault?

A: The primary difference lies in the severity of the alleged harm, the use of a weapon, and the status of the victim. Simple assault typically involves minor injuries, while aggravated assault involves “serious bodily injury” or the use of a deadly weapon. Assaulting a public servant can also elevate a simple assault to an aggravated assault charge.

Q: Can I be charged with aggravated assault if I didn’t actually hurt anyone?

A: Yes. Attempting to cause serious bodily injury or pointing a firearm at someone can lead to aggravated assault charges, even if no physical contact was made.

Q: I was arrested for aggravated assault. What should I do first?

A: Exercise your right to remain silent and immediately contact an experienced criminal defense attorney. Do not speak to the police or prosecutors without legal representation. Anything you say can be used against you.

Q: Can an aggravated assault charge be downgraded?

A: Yes. An experienced attorney can negotiate with the prosecutor to have the charges downgraded to a less serious offense, such as simple assault, or even dismissed entirely, depending on the facts of your case.

Q: Is it possible to avoid jail time for an aggravated assault conviction?

A: While a presumption of incarceration exists for second-degree aggravated assault, alternatives to prison, such as Pre-Trial Intervention (PTI) for certain first-time offenders charged with third or fourth-degree offenses, may be possible. A skilled lawyer can advocate for the most favorable outcome.

Contact Brett M. Rosen, Esq. for a Free Consultation

If you are facing aggravated assault charges in Union County, your future is on the line. You need a lawyer who will fight tirelessly on your behalf. Brett M. Rosen, Esq. is a dedicated and aggressive advocate who will explore every legal avenue to protect your rights and freedom.

Call today for a free and confidential consultation to discuss your case.

908-312-0368 

100 Jefferson Avenue, Suite 301, Elizabeth, NJ 07201

Disclaimer: This website provides general information and does not constitute legal advice. The information on this page is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. You should not act or refrain from acting based on this information without seeking professional legal counsel. Prior results do not guarantee a similar outcome. Brett M. Rosen, Esq. is a licensed attorney in the State of New Jersey.