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New Jersey Aggravated Assault Lawyer

What is Aggravated Assault?

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Aggravated assault is a specific crime defined under New Jersey law. In New Jersey, aggravated assault can be charged for several different actions or attempted actions. There are 11 different ways that someone can be properly charged and convicted of aggravated assault in New Jersey, they include:

  • Causing or attempting to cause a serious injury to someone else;
  • Causing or attempting to cause a serious injury to someone else using a weapon;
  • Recklessly causing an injury to someone else with a weapon;
  • Knowingly pointing a gun at someone else (regardless if the gun is loaded or not);
  • Committing a simple assault on any government employee during the scope of their duties;
  • Causing an injury to someone else while attempting to escape law enforcement or while committing a theft crime;

This is a partial list of the circumstances that can result in an aggravated assault charge. Aggravated assault can be charged at different levels depending on the severity of the crime alleged. Aggravated assault can be charged as low as a fourth-degree felony, or as high as a second-degree felony depending on the facts and circumstances of the alleged offense. Regardless of the degree, aggravated assault is a serious criminal charge in New Jersey. If you are facing an aggravated assault charge, then it is important that you speak to an experienced criminal defense attorney as soon as possible.

What Are the Possible Punishments for Aggravated Assault?

  • Jail/Prison: An aggravated assault conviction can result in a jail or prison sentence depending on the degree of the crime charged. A fourth-degree aggravated assault conviction can carry up to 18 months in prison, while a second-degree felony aggravated assault conviction can result in up to 10 years in prison.
  • Probation: If you are given the chance on probation, then you have convinced the judge that you are a good candidate to remain out of jail and be a productive and law-abiding member of society. You will be expected to follow a list of rules and conditions while on probation. As long as you follow your probation guidelines correctly, you will remain out of jail.
  • Restitution: The judge will order restitution for any injuries or damage caused to any property as a result of any illegal conduct. If your assaultive conduct is alleged to have caused injuries, then the judge can order a significant amount of restitution to be paid.
  • Fines: Fines for a fourth-degree aggravated assault conviction can be as high as $10,000, while a judge can order as much as $150,000 in fines for a second-degree aggravated assault conviction.
  • Other: Having a criminal record involving an assaultive crime can be especially difficult. This can result in difficulty finding and maintaining employment and can have an impact on where you can live, among other collateral consequences.

What Are Some Examples of Aggravated Assault?

Under New Jersey law, some common examples of aggravated assault include:

  • Choking a domestic partner
  • Assaulting a police officer
  • Pointing a gun at someone else
  • Attempt to injure someone using a weapon
  • Actually injure someone using a weapon

This is a partial list of examples of what can be considered aggravated assault under New Jersey law. This law is especially broad and covers a wide variety of assaultive behavior. If you are accused of aggravated assault, it is important to know what specific accusations are being made so you can properly prepare a defense.

What Are the Possible Defenses?

One of the most common defenses to an assault charge is that of self-defense. There are specific situations when it is justifiable to use force to defend yourself. The level of force and when you can use force is largely determined by the facts and circumstances of the case. If the alleged victim of an assault was trespassing inside your home when you attacked them, then that can be a viable self-defense claim. If the purported self-defense is far more excessive than the original threat, then that self-defense claim could be properly dismissed by a jury. The facts and circumstances of your case will help you determine what defenses you may have available.

Why Forrester Law Stands Above the Rest in Criminal Defense

Attorney Amber Forrester has been certified by the New Jersey Supreme Court as a certified criminal trial attorney, a distinction less than 2% of attorneys achieve. Less than 250 of the over 80,000 lawyers in New Jersey share this certification with Ms. Forrester. In over a dozen years as a criminal defense attorney, she has represented thousands of people, with many facing serious potential consequences. Ms. Forrester’s skills, experience, and reputation are evident in the results she consistently achieves for her clients. You have a choice in who represents you, make sure you make the right choice with a call to Forrester Law.

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