Aggravated Assault Lawyer in Hackensack NJ

Aggravated assault is a serious charge issued by law enforcement in Bergen County. If convicted, you or your loved could possibly find themselves being sentenced at the Bergen County Superior Court for over ten (10) years. The underline degree which the defendant is charged with will primarily depend directly on two factors: severity of the injuries suffered by the victim and the status of the victim. Our law firm, the Law Offices of Jonathan F. Marshall, has the experience and knowledge to defend these charges since we have:

  • Over two-hundred (200) years of combined experience
  • A team of eleven (11) criminal defense attorneys that devote their entire practice to criminal law
  • Our firm has eight (8) former prosecutors
    • Four (4) of our attorneys were former assistant county prosecutors and held directorial positions of the Drug, Gang, and Gun Task Force, Major Crimes Division, Trial Division, Juvenile Division
  • Two (2) of our lawyers was recently selected to Super Lawyers Rising Stars 2021 list for New Jersey which is a highly credentialed, peer-influenced, third-party validated, and a patented process that selects only 2.5% of the attorneys in New Jersey to this list
  • One (1) of our attorneys is Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction held by less than 1% of attorneys in this State
  • Selected to the National Trial Lawyers Top 100 and Top 40 Under 40

An N.J.S.A. 2C:12-1b, aggravated assault charge, is a serious charge, and you or your loved one need serious attorneys to handle these allegations. We have three (3) offices located throughout Bergen County. We have offices in Paramus, Hackensack, as well as Fort Lee. Call one of our offices for a free consultation at 201-429-9783, we’re available 24/7.

Aggravated Assault Attorneys Fort Lee NJ: N.J.S.A. 2C:12-1b

An aggravated assault as defined under N.J.S.A. 2C:12-1b is when:

  1. The defendant attempts to cause serious bodily injury to another, or actually causes such injury; or
  2. The defendant attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or
  3. The defendant recklessly causes bodily injury to another with a deadly weapon; or
  4. The defendant points a firearm at or in the direction of another; or
  5. If the defendant commits a simple assault and the victim is:
    1. Any law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority (undercover) or because of his status as a law enforcement officer; or
    2. Any paid or volunteer fireman acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of the duties of a fireman; or
  • Any person engaged in emergency first-aid or medical services acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance their duties; or
  1. Any school board member, school administrator, teacher, school bus driver or other employee of a public or nonpublic school or school board; or
  2. Any employee of the Division of Child Protection and Permanency; or
  3. Any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge; or
  • Any operator of a motorbus or the operator’s supervisor or any employee of a rail passenger service; or
  • Any Department of Corrections employee, county corrections officer, juvenile corrections officer, State juvenile facility employee, juvenile detention staff member, juvenile detention officer, probation officer or sheriffs officer; or
  1. Any employee, including any person employed under contract, of a utility company; or
  2. Any health care worker employed by a licensed health care facility to provide direct patient care, any health care professional licensed; or
  3. Any direct care worker at a State or county psychiatric hospital or State developmental center or veterans’ memorial home; or
  1. The defendant causes bodily injury to another person while fleeing or attempting to elude law enforcement; or
  2. The defendant attempts to cause significant bodily injury to another or causes significant bodily injury; or
  3. The defendant causes bodily injury by knowingly or purposely starting a fire or causing an explosion which results in bodily injury to any emergency services personnel involved in fire suppression activities; or
  4. The defendant points or displays a firearm at or in the direction of a law enforcement officer; or
  5. The defendant knowingly points, displays or uses an imitation firearm, at or in the direction of a law enforcement officer; or
  6. The defendant uses or activates a laser sighting system or device against a law enforcement officer acting.

Aggravated Assault Lawyers Paramus NJ: N.J.S.A. 2C:12-1c:

A person is guilty of assault by auto or vessel:

  1. When a defendant operates a vehicle or vessel recklessly and as a result causes either serious bodily injury or bodily injury to another; or
  2. When a defendant operates an auto or vessel while intoxicated (N.J.S.A. 39:4-50)and either serious bodily injury or bodily injury results; or
  3. When a defendant operates an auto while intoxicated in violation of N.J.S.A. 39:4-50 or N.J.S.A. 39:4-50.4a while:
    1. Driving on any school property, or within 1,000 feet of such school property;
    2. Driving through a school crossing; or
  • Driving through a school crossing, knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.
  1. When a defendant operates an auto or vessel in an aggressive manner directed at another vehicle and serious bodily injury or bodily injury

Types of Injuries:

  1. Serious Bodily Injury: This category of injuries is established by the State if they can prove that the defendant’s actions created 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. It is important to note here, that no matter how outrageous the defendant’s alleged conduct is, if there has been no substantial risk of death, a minor bodily injury cannot support a conviction for aggravated assault under  2C:12–1(b)(1).
  2. Significant Bodily Injury: This category of injuries will be established if the prosecution can prove that the defendant either purposely or knowingly caused significant bodily injury to another or if the defendant recklessly acting under circumstances manifesting extreme indifference to the value of human causes significant bodily injury to another. According to the Legislature, term “Significant bodily injury” refers to bodily injury which creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses.

What are the differences between bodily injury, serious injury and significant bodily injury?

The legislatures have defined, bodily injury as causing physical pain, illness, or any impairment of physical condition; significant bodily injury as “bodily injury which creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses and Serious bodily injury as “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”.

Degrees of Aggravated Assault

  • Aggravated assault under N.J.S.A. 2C:12-1b- (1) & (6) is a crime of the second degree;
  • Aggravated assault under N.J.S.A. 2C:12-1b- (2), (7), (9) & (10) is a crime of the third degree;
  • Aggravated assault under N.J.S.A. 2C:12-1b- (3) & (4) is a crime of the fourth degree;
  • Aggravated assault under N.J.S.A. 2C:12-1b-(5) is a crime of the third degree if the victim suffers bodily injury, otherwise it is a crime of the fourth degree.
  • Aggravated assault under N.J.S.A. 2C:12-1b-(8) is a crime of the third degree if the victim suffers bodily injury; if the victim suffers significant bodily injury or serious bodily injury it is a crime of the second degree.
  • Aggravated assault under under N.J.S.A. 2C:12-1b- (11) is a crime of the third degree.

What are the Penalties?

The penalties for Aggravated Assault can be grave and have life-long consequences. If you or a loved one is facing am Aggravated Assault charge at the Bergen County Courthouse, it’s imperative that you or your loved one know the penalties if convicted:

  • Second degree
    • Maximum of ten (10) years and a minimum of five (5) years in state prison
    • A fine up to $150,000.00 and court costs
  • Third degree
    • Maximum of five (5) years and a minimum of three (3) years in state prison
    • A fine up to $15,000.00 and court costs
  • Fourth Degree
    • Maximum of eighteen (18) months in state prison
    • A fin up to $10,000.00 and court costs

What are some Possible Defenses to Aggravated Assault?

One possible defense to an aggravated assault charge is self-defense. If this defense is properly illustrated to the State, they will be forced to dismiss the said charges against the defendant. Another common defense is a mutual fight, which if applicable, would allow for the felony charges to be downgraded to a disorderly persons offense (misdemeanor). Obviously, this would also mean far less serious implications if convicted.

Aggravated Assault Lawyer in Bergen County NJ

The Law Offices of Jonathan F. Marshall is an experienced Bergen County Criminal Defense Firm with a long track record of success throughout New Jersey. If you or someone you know has been charged with aggravated assault in towns like Hackensack, Fort Lee, Elmwood Park, Teaneck, Westwood, Fairview, Cliffside Park, Paramus, River Edge, Montvale or elsewhere in Bergen County we can help. If you have any further questions please contact any one of our Bergen County Offices for a free initial consultation with any one of our experienced criminal defense attorneys at 201-429-9783, we’re available 24/7.