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In New Jersey, a conviction of Aggravated Assault is a serious indictable offense that may be accompanied by significant state prison time. Unlike Simple Assault, its less serious counterpart, Aggravated Assault includes more serious instances of violence such as assault with a deadly weapon, assaulting law enforcement, or any assault as a result of which the victim suffers a considerable injury such as a laceration or broken nose. An act that may normally be identified as Simple Assault or Resisting Arrest may be upgraded to aggravated assault if any of the above factors apply. Due to the seriousness of the charge, it is wise that you are weighing your options and considering the help of a local criminal defense attorney. McGuckin Law is 100% dedicated tyo assisting individuals like you who have been accused of committing aggravated assault and other crimes. With offices in Monmouth, Ocean, and Middlesex Counties, we handle assault cases out of Toms River, Edison, Howell, New Brunswick, Stafford Township, Wall Township, East Brunswick, Old Bridge, Holmdel, and Bricktown. For more information, or to speak with an experienced criminal defense attorney, please visit our Assault and Threat page or contact us for a free consultation at 732.924.4200.
As an indictable offense, Aggravated Assault charges charges are handled in the Superior Court of the county in which the act occurred. Additionally, the charge may be a basis for a Final Restraining Order under the Domestic Violence Act. As a result, it is in your best interest for you or your loved one to seek out and retain an experienced criminal defense attorney with an understanding of the court system. Stephen McGuckin Esq., has successfully handled hundreds of cases throughout his career including numerous aggravated assault charges. We represent clients who have been charged with aggravated assault throughout Central New Jersey and the Jersey Shore including Sayreville, Belmar, Cranbury, Seaside Heights, Woodbridge, Point Pleasant, and Middletown. We will diligently and knowledgeably fight for you. Contact us today at (732) 924.4200 for an absolutely free initial consultation.
Aggravated Assault may range in degree of crime depending upon various factors. These may include the severity of injury suffered by the victim,the victim’s age, the existence of and alleged use of a weapon, or the State’s ability to demonstrate that a police officer or emergency worker was injured as a result of the defendant’s actions. Please find the degrees of the crime below:
NJ 4th Degree Aggravated Assault – Aggravated Assault in the 4th Degree may charged when an injury occurs out of a defendant’s reckless conduct; and more specifically by recklessly causing injury to another with a weapon. It can also be charged when a defendant recklessly points a gun (loaded or unloaded) in the direction of another person. 4th Degree Aggravated Assault is accompanied by up to 18 months in jail, thousands of dollars in fines, and a criminal record.
NJ 3rd Degree Aggravated Assault – “Agg. Assault” is a third degree offense when a defendant causes significant injury to another. This may even include reckless, and not purposeful behavior. Additionally, threatening another with a weapon is a 3rd degree offense. Assault by Auto is a third degree crime that occurs when a drunk driver causes minor injury to another. Defendants that have been convicted of 3rd Degree Aggravated Assault are exposed to 3-5 years in state prison along with permanent criminal record and steep fines.
NJ 2nd Degree Aggravated Assault – Aggravated assault is a second degree indictable offense if one causes or attempts to cause serious bodily injury to another. The term used by the courts to describe such an act is “extreme indifference to the value of human life.” Victims of 2nd degree agg. assault suffer broken bones, blunt force trauma, and other serious injuries. The offense is also charged when an injury occurs to another in the process of fleeing or eluding the police. Assault by Auto is another 2nd degree assault charge that occurs when a drunk driver causes serious injuries – even to himself. Second degree aggravated assault is punishable by 5-10 years in state prison and includes a presumption of mandatory incarceration.
Aggravated assault is a serious, life-altering offense. If you or a loved one is facing Second, Third, or Fourth Degree Aggravated Assault charges anywhere in Central NJ or the Jersey Shore including Plainsboro, Freehold, Barnegat, Tinto Falls, Ocean Township, or Jackson, consider seeking out and retaining an experienced criminal defense attorney who will aggressively fight your charges while coordinating with the State to secure a downgrade or entry into Pre-Trial Intervention. McGuckin Law is here to help. Call us any time at 732.924.4200 for a free consultation to identify success in your case and allow us to help you get there. Thank you.