Aggravated Assault Charge In New Jersey

Elizabeth, NJ Aggravated Assault Lawyer

New Jersey Aggravated Assault Charge Attorney

Aggravated assault is a serious crime in New Jersey that occurs when someone attempts to cause or purposely, knowingly, or recklessly causes serious bodily injury to another person. A conviction for aggravated assault, N.J.S.A. 2C:12-1(b), can have a lasting impact. If you or a loved one is facing an aggravated assault, simple assault, disorderly conduct, harassment, or unlawful possession of a handgun charge in New Jersey, then it is imperative you get in contact with an experienced criminal defense attorney. If you are seeking legal representation in New Jersey, particularly in the areas of criminal defense, domestic violence, or manslaughter, Attorney Brett M. Rosen is an excellent choice. Here’s why:

  1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
  2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
  3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
  4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
  5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

If you or a loved one is facing aggravated assault charge in New Jersey, it is important that legal assistance is sought after. Contact our law firm today to discuss your potential aggravated assault case.

 

Definition of Aggravated Assault in New Jersey

Aggravated assault in New Jersey is defined by NJ Statute: 2C:12-1b. The legal elements of aggravated assault in New Jersey are:

  1. Attempts to cause serious bodily injury to another, or causes injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or
  2. Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or
  3. Recklessly causes bodily injury to another with a deadly weapon; or
  4. Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of another, whether or not the actor believes it to be loaded; or
  5. Commits a simple assault upon:
    • Any law enforcement officer acting in the performance of the officer’s duties while in uniform or exhibiting evidence of authority or because of the officer’s status as a law enforcement officer; or
    • Any paid or volunteer firefighter acting in the performance of the firefighter’s duties while in uniform or otherwise clearly identifiable as being engaged in the performance of the duties of a firefighter; or
    • Any person engaged in emergency first-aid or medical services acting in the performance of the person’s duties while in uniform or otherwise clearly identifiable as being engaged in the performance of emergency first-aid or medical services; or
    • Any school board member, school administrator, teacher, school bus driver, or other employee of a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of the person’s duties or because of the person’s status as a member or employee of a public or nonpublic school or school board or any school bus driver employed by an operator under contract to a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of the person’s duties or because of the person’s status as a school bus driver; or
    • Any employee of the Division of Child Protection and Permanency while clearly identifiable as being engaged in the performance of the employee’s duties or because of the status as an employee of the division; or
    • Any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge while clearly identifiable as being engaged in the performance of judicial duties or because of the status as a member of the judiciary; or
    • Any operator of a motorbus or the operator’s supervisor or any employee of a rail passenger service while clearly identifiable as being engaged in the performance of the person’s duties or because of the status as an operator of a motorbus or as the operator’s supervisor or as an employee of a rail passenger service; or
    • Any Department of Corrections employee, county correctional police officer, juvenile correctional police officer, State juvenile facility employee, juvenile detention staff member, juvenile detention officer, probation officer or any sheriff, undersheriff, or sheriff’s officer acting in the performance of the person’s duties while in uniform or exhibiting evidence of the person’s authority or because of the status as a Department of Corrections employee, county correctional police officer, juvenile correctional police officer, State juvenile facility employee, juvenile detention staff member, juvenile detention officer, probation officer, sheriff, undersheriff, or sheriff’s officer; or
    • Any employee, including any person employed under contract, of a utility company; or
    • Any health care worker employed by a licensed health care facility to provide direct patient care, any health care professional licensed or otherwise; or
    • Any direct care worker at a State or county psychiatric hospital or State developmental center or veterans’ memorial home, while clearly identifiable as being engaged in the duties of providing direct patient care or practicing the health care profession, provided that the actor is not a patient or resident at the facility who is classified by the facility as having a mental illness or developmental disability; or
  6. Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer; or
  7. 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; or
  8. Causes bodily injury by knowingly or purposely starting a fire or causing an explosion; or
  9. Knowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm at or in the direction of a law enforcement officer; or
  10. Knowingly points, displays or uses an imitation firearm at or in the direction of a law enforcement officer with the purpose to intimidate, threaten, or attempt to put the officer in fear of bodily injury or for any unlawful purpose; or
  11. Uses or activates a laser sighting system or device, or a system or device which, in the manner used, would cause a reasonable person to believe that it is a laser sighting system or device, against a law enforcement officer acting in the performance of the officer’s duties while in uniform or exhibiting evidence of the officer’s authority. As used in this paragraph, “laser sighting system or device” means any system or device that is integrated with or affixed to a firearm and emits a laser light beam that is used to assist in the sight alignment or aiming of the firearm; or
  12. Attempts to cause significant bodily injury or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life, recklessly causes significant bodily injury to a person who, with respect to the actor, meets the definition of a victim of domestic violence; or
  13. Knowingly or, under circumstances manifesting extreme indifference to the value of human life, recklessly obstructs the breathing or blood circulation of a person who, with respect to the actor, meets the definition of a victim of domestic violence by applying pressure on the throat or neck or blocking the nose or mouth of such person, thereby causing or attempting to cause bodily injury.
 
Elements of New Jersey Aggravated Assault Charge

Depending on the exact charge you or a loved one is facing, the prosecutor will have to prove beyond a reasonable doubt each element. Typically the most common aggravated assault charge is serious bodily injury, which is codified under N.J.S.A. 2C:12-1b(1). To be convicted of aggravated assault with serious bodily injury, the prosecution must prove the following elements beyond a reasonable doubt per the New Jersey Model Jury Charge:

  1. That the defendant(s) caused serious bodily injury to another; and
  2. That the defendant(s) acted purposely or knowingly or acted recklessly under circumstances manifesting extreme indifference to the value of human life.

The first element, serious bodily injury, is described by the New Jersey Model Jury Charge as, “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.” The second element, of purposely, knowingly or recklessly is defined as:

  • A person acts purposely with respect to the result of his/her conduct if it is his/her conscious object to cause such a result. A person acts purposely if he/she acts with design, with a specific intent, with a particular object or purpose, or if he/she means to do what he/she does (e.g., “I did it on purpose”).
  • A person acts knowingly with respect to the result of his/her conduct if he/she is aware that it is practically certain that his/her conduct will cause such a result.
  • A person acts recklessly with respect to the result of his/her conduct if he/she consciously disregards a substantial and unjustifiable risk that the result will occur from his/her conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor’s conduct and the circumstances known to the actor, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor’s situation. One is said to act recklessly if one acts with recklessness, with scorn for the consequences, heedlessly, fool-hardily.
 
Penalties for Aggravated Assault Charge in New Jersey

Aggravated assault in NJ is either a second-, third-, or fourth-degree crime.

  • Fourth-Degree Aggravated Assault:
    • Up to 18 months in prison and
    • up to $10,000 fine.
  • Third-Degree Aggravated Assault:
    • Minimum of 3 to a maximum of 5 years in prison and
    • up to $15,000 fine.
  • Second-Degree Aggravated Assault:
    • Minimum of 5 to a maximum 10 years in prison and
    • up to $150,000 fine.

To summarize, aggravated assault is classified as an indictable (felony) offense; and depending on the “degree” of your charge, an aggravated assault charge can carry up to a decade behind bars. In New Jersey, assault charges can carry penalties ranging from a $1,000 fine and six months of jail time to a $150,000 fine and a 10-year sentence. You should know that if you are facing a second degree aggravated assault charge, there is a presumption of incarceration. This means that if convicted of second degree aggravated assault, then at sentencing it is presumed the judge will sentence you to prison. Also, in New Jersey, choking a spouse is considered a form of domestic violence and is classified as aggravated assault. As of July 2021, the law was updated to classify strangulation in a domestic violence context as a second-degree crime.

 

Defenses to Aggravated Assault in New Jersey

There are a number of defenses to aggravated assault, including:

  • Self-defense: You were acting in self-defense or the defense of others. This means that you acted in a reasonable and necessary manner to protect yourself or someone else from an imminent threat of harm. You can argue that you had a lawful right to use force against the aggressor and that you did not use excessive or disproportionate force.
  • Defense of property: You were acting to protect your property or the property of others. This is similar to the self-defense claim mentioned above.
  • Consent: The victim consented to the contact.
  • Lack of mental state: You did not have the mental state required for the crime, such as intent or recklessness. This means that you did not act purposely, knowingly, or recklessly to cause injury to the victim. You can show that your actions were accidental, involuntary, or justified by the circumstances.
  • Factual innocence: This means that you did not commit the assault or that you were wrongly identified as the assailant. You can present evidence such as alibi witnesses, surveillance footage, or forensic analysis to support your claim of innocence.
  • Violation of constitutional rights: This means that the police or the prosecution violated your rights during the investigation or the trial. You can challenge the legality of the arrest, the search, the interrogation, the evidence, or the procedure. For example, you may have been arrested without probable cause, searched without a warrant, coerced into a confession, or denied a fair trial.

One of the most important defenses for aggravated assault is an alibi. An alibi can be a strong defense for an aggravated assault charge in New Jersey, but its effectiveness depends heavily on the specifics of your case and the strength of your alibi evidence.

How an alibi can help:

  • Cast doubt on your presence: If you can demonstrably prove you were not at the scene of the crime at the time it occurred, it directly undermines the prosecution’s case against you.
  • Raise reasonable doubt: Even if your alibi doesn’t definitively place you elsewhere, it can introduce enough uncertainty in the minds of jurors to create reasonable doubt about your guilt, leading to an acquittal.

Types of alibi evidence:

  • Witness testimony: Witness statements from individuals who can confirm your whereabouts at the time of the alleged assault are crucial alibi evidence.
  • Documentation: Receipts, invoices, electronic records like timestamps on emails or social media posts, train tickets, or security footage showing your location at the relevant time can all strengthen your alibi.
  • Alibi investigation: Hiring a skilled investigator to gather evidence and corroborate your alibi can be invaluable, especially if witness testimony is unavailable.

Challenges to alibi defenses:

  • Credibility of witnesses: The prosecution will likely try to discredit your alibi witnesses, so their reliability and trustworthiness are essential.
  • Strength of evidence: The more concrete and verifiable your alibi evidence, the more persuasive it will be.
  • Timing of alibi: An alibi that places you just minutes away from the crime scene may be less effective than one that places you significantly farther.

Overall, while an alibi can be a powerful defense tool in aggravated assault cases, it’s crucial to consult with an experienced criminal defense attorney in New Jersey. They can assess your case, advise on the best strategies for presenting your alibi, and help you gather and strengthen your evidence. Remember, the burden of proof lies with the prosecution, so a strong alibi can raise reasonable doubt and potentially lead to a dismissal of charges or an acquittal.

These are just some examples of possible defenses. Please be aware that a defense is typically fact-specific. This means that one defense may not work for a particular set of facts.

Statute of Limitations for Aggravated Assault, NJ

The statute of limitations for aggravated assault in New Jersey is five years from the date of the alleged assault. This means that the prosecution must file charges within five years or the case will be dismissed. However, there are some exceptions to this rule, such as when the victim is a child under 18 years of age. Additionally, if the defendant flees the state after the assault, the statute of limitations is tolled, or suspended, until the defendant returns to New Jersey. In those cases, the statute of limitations may be longer or suspended.

 

Frequently Asked Questions (FAQs) 
  1. What is considered aggravated assault in New Jersey?

    • People often seek to understand what actions or circumstances elevate an assault to aggravated assault under New Jersey law. Aggravated assault can involve causing serious bodily injury, using a deadly weapon, or showing extreme indifference to human life.
  2. What are the degrees of aggravated assault and their penalties?

    • There’s a concern about the different levels of aggravated assault charges and the corresponding penalties. In New Jersey, aggravated assault can be classified as a second, third, or fourth-degree crime, with penalties ranging from 18 months to 10 years in prison, depending on the severity.
  3. How does New Jersey law define ‘serious bodily injury’?

    • Definitions of terms like ‘serious bodily injury’ are crucial for understanding the charges. Serious bodily injury refers to injuries that create a substantial risk of death or cause severe, permanent disfigurement or impairment.
  4. Can aggravated assault charges be related to domestic violence?

    • Questions often arise about the relationship between aggravated assault charges and domestic violence. In New Jersey, aggravated assault can be associated with domestic violence situations and may fall under separate statutes addressing such offenses.
  5. What defenses can be used against aggravated assault charges?

    • Those accused of aggravated assault are interested in potential defenses. Defenses may include challenging the extent of the injuries, the intent behind the actions, or the circumstances of the alleged assault.
  6. Does the use of a weapon always result in an aggravated assault charge?

    • People inquire whether the mere use of a weapon automatically leads to an aggravated assault charge. While using a deadly weapon can be a factor, the intent and the outcome of the action are also considered in determining the charge.

Preeminent Aggravated Assault Lawyer in New Jersey

Aggravated assault charges in New Jersey are serious and should not be taken lightly. If you are facing such aggravated assault, simple assault, burglary, or robbery charges, it’s crucial to seek legal counsel immediately. An attorney can review the facts of your case and advise you of your legal options. Contact attorney Brett M. Rosen today to discuss your case. There are many reasons why you should choose NJ Attorney Brett M. Rosen to defend your aggravated assault charge. Here are some of them:

These are just some of the reasons why NJ attorney Brett M. Rosen is a great choice for your aggravated assault defense.

Contact us today for a free consultation.