Bergen County Juvenile Aggravated Assault Attorneys
If your child is charged with either simple or aggravated assault it is imperative that you hire an experienced juvenile attorney as your child’s future is at risk. If your child is convicted of an assault charge it will inevitable effect their future; not only in regards of being accepted into colleges but also seeking gainful employment. The governing statute in New Jersey for an assault charge is N.J.S.A. 2C:12. As you will see below, the juvenile criminal justice system is run completely different then the adult criminal justice system. The overall goal of the juvenile criminal justice system is to help the child in hopes of preventing them from committing another offense. The Law Offices of Jonathan F. Marshall has seven criminal defense attorneys on staff waiting to assist you in every aspect of your case. We fully understand that this is an extremely nerve racking experience for most individuals and that’s why we urge you to speak to an experienced juvenile criminal defense attorney about your child’s matter. Here is some important information with regards to the offense of assault in Bergen County.
Juvenile Simple Assault Lawyers in Lyndhurst NJ: N.J.S.A. 2C:12-1
Before a juvenile can be convicted of simple assault in New Jersey, the prosecution must prove beyond a reasonable doubt that the juvenile either attempted to cause or purposely, knowingly or recklessly caused bodily injury to another or that the juvenile negligently caused bodily injury to another with a deadly weapon or lastly, that the juvenile attempts by to put another individual in immediate fear of serious bodily injury.
The courts have interrupted bodily injury to mean that the alleged victim suffered some form of physical pain, illness or any impairment of their physical condition.
Juvenile Aggravated Assault Attorneys in Garfield NJ: N.J.S.A. 2C:12-1(b):
The most common aggravated assault charges that a juvenile faces are listed below. With that being said, before a juvenile will be convicted of aggravated assault, the state must prove beyond a reasonable doubt that he/she either:
(1) Attempted to cause serious bodily injury to another, or caused such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly caused such injury; or
(2) Attempted to cause or purposely or knowingly caused bodily injury to another with a deadly weapon; or
(3) Recklessly caused 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 section 2C:39-1f., at or in the direction of another, whether or not the actor believes it to be loaded;
Applicable Penalties & Fines:
Aggravated assault in New Jersey is an indictable offense (felony) and it can either be a crime of the second, third or even fourth degree. The degree in which you are charged with will depend on the specific statute in which you are charged with. But with that being said, the degree that you are charged with will normally surround the severity of the injuries either sustained or could have been sustained. Conversely, simple assault is a disorderly persons offense (misdemeanor).
Although the degrees of the juvenile offense are determined the same way as they are in the adult system, the potential exposure to incarceration is drastically less. Listed below is the potential exposure in a Juvenile Detention Center for a second, third, fourth and disorderly persons offense.
- A second degree offense…………………………………………..3 years
- A third degree offense………………………………………………2 years
- A fourth degree offense…………………………………………….1 year
- Disorderly persons offense………………………………………..6 months
What we can do for you…
The Juvenile Criminal Justice System is centered around rehabilitation, however, if the injuries sustained are serious, the potential fines and penalties can be as well. Depending on the underline facts and the juveniles prior record, my office would be seeking to convince the prosecutor and the judge that you deserve the opportunity to participate in the deferred disposition program. If the judge and prosecutor are persuaded, the judge will place the juvenile on probation for usually one year and if the juvenile stays out of trouble, the charges will be outright dismissed. This program affords the juvenile the opportunity to keep their criminal record clean, which for obvious reasons is extremely important.
East Rutherford NJ Juvenile Aggravated Assault Lawyer
The Law Offices of Jonathan F. Marshall is an experienced Bergen County juvenile defense firm. We have been successfully protecting juveniles rights throughout Bergen County for over fifteen years. If your child is facing a juvenile criminal offense, we can help. Please contact any one of our Bergen County offices at 1-800-682-4037 for a free initial consultation about your options.