Middletown NJ Aggravated Assault Lawyer
There are many ways that someone can be charged with aggravated assault in Middletown. The offense can arise as the result of an intentional act resulting in serious injury, a relatively minor physical encounter with a police officer or a host of other scenarios set forth in N.J.S.A. 2C:12-1(b). The charge always comes in the form of a felony indictable offense which falls outside of the jurisdiction of the Middletown Municipal Court. Irrespective of the nature of your aggravated assault charge, you have landed in the right place. Our firm, The Law Offices of Jonathan F. Marshall is a mainstay of the criminal defense bar with a team of former prosecutors and skilled attorneys possessing over 100 years experience combined. A lawyer on staff is available now to assist you and the consultation is free. Call our Middletown Office at 732-615-0039 for immediate guidance.
Aggravated Assault Offense in Middletown
If you were arrested in the Township of Middletown for aggravated assault, you should know some of the basics of this offense. N.J.S.A. 2C:12-1(b) exposes a defendant to this charge if they:
- Attempt to Cause or Cause Serious Bodily Injury;
- Cause Significant Bodily Injury;
- Attempt to Cause Bodily Injury With a Deadly Weapon;
- Purposely or Knowingly Causing Bodily Injury With a Deadly Weapon;
- Recklessly Causing Bodily Injury With a Deadly Weapon;
- Pointing a Firearm; or
- Commit a Simple Assault on a Police Officer, Teacher, EMT, Firemen, DYFS worker, Judge, or Corrections Officer during the course of performance of their duties.
Depending on the facts of a case, aggravated assault can result in a fourth degree, third degree or second degree crime. Fourth degree aggravated assault triggers penalties that include the possibility of 18 months in jail and a $10,000 fine. A third degree conviction for this offense carries up to 5 years in prison and a $15,000 fine. The most serious form of aggravated assault is a second degree crime that exposes an accused to 5-10 years of incarceration and a $150,000 fine. In addition, the No Early Release Act (“NERA”) applies to a second degree conviction resulting in the defendant having to serve at least eight-five (85) percent of his or her jail sentence before they are eligible for parole.
Assault by Auto Charge
A subspecies of this violation is assault by auto. This offense arises when someone operates a motor vehicle or vessel in a reckless manner and it results in injury to another person. Typically, this charge will result in a fourth degree crime except where recklessness stems from DWI, in which case it is elevated to a third degree crime. If the intoxication or operation under the influence of drugs occurs in a school zone, assault by auto is elevated to a second degree crime. The penalties for each grade of assault by auto are the same as those previously set forth for aggravated assault.
Aggravated Assault Attorney in Middletown New Jersey
As you can see, an aggravated assault offense can result in severe penalties. This is good reason for you to take the time to contact the lawyers at The Law Offices of Jonathan F. Marshall. An attorney will be more than happy to provide you with the benefit of their insight. Give our firm a call at 732-615-0039 for immediate assistance from one of our highly skilled Middletown criminal attorneys.