Second Degree Aggravated Assault NJ – New Jersey Second Degree Aggravated Assault – Second Degree Aggravated Assault N.J.S.A. 2C:12-1b
“In New Jersey, second degree aggravated assault is considered a violent crime. These cases need to be handled carefully in order to secure the best possible outcome.”
The Tormey Law Firm has a team of aggressive criminal defense lawyers, including a former New Jersey prosecutor, who is now fighting for you. We’ve got extensive experience handling assault charges, and we’ve successfully defended thousands of criminal cases, including aggravated assault, simple assault, and criminal mischief. Statistically speaking, working with an experienced criminal defense attorney might be the only way to get the case against you dismissed.
We possess unique knowledge of the arguments that the prosecution will make, enabling us to craft advanced defense strategies that we can and will use as we seek to get your charges dismissed. Some of these strategies can also be found in our video series on “How to Beat Assault Charges.”
Call us today for a free consultation, and please read on to learn more about second degree aggravated assault in New Jersey.
Second degree aggravated assault is codified in the New Jersey criminal code under N.J.S.A. 2C:12-1(b), which states that a person is guilty of second degree aggravated assault if he or she attempts to cause serious bodily injury to a person. And “serious” means SERIOUS. Typically, the injury must create a risk of death or cause permanent disfigurement to the victim.
Because of the seriousness of this offense, a conviction carries a presumption of incarceration, creating the very real possibility that you could be facing up to ten (10) years in state prison. As difficult as it might be to believe, that bar fight you got into could mean that you’ll be spending the next decade in the Big House.
Worse yet, New Jersey prosecutors and Judges are required under the No Early Release Act (NERA) to have the defendant serve 85% of their prison sentence before becoming eligible for parole.
Typical circumstances that make an aggravated assault a 2nd degree offense
- A weapon was involved
- Serious injuries to the victim such as broken bones, stitches, etc.
- An aggravated assault with a motor vehicle
Frequently Asked Questions (FAQ) Regarding 2nd degree Aggravated Assault Charges in NJ
FAQ: Is 2nd degree aggravated assault a serious crime? Yes, it is one of the more serious crimes we have in NJ. A defendant is facing 5-10 years in prison with a presumption of prison time even if they have no prior record. Also, they must serve 85% of their prison sentence before becoming eligible for parole.
FAQ: Am I going to jail? You are facing 5-10 years in prison. It depends on the facts of the case, any potential defenses, your prior record (if any), the alleged victim’s input, the prosecutor, the Judge, and the defense attorney you hire to represent you.
FAQ: Where will these charges be handled? They will be handled in the Superior Court in the County in which you were charged. They will be prosecuted by the County Prosecutor’s Office.
FAQ: Can I get Pre-Trial Intervention (PTI) on these charges? PTI is usually reserved for lower level felony charges (3rd or 4th degree). You can’t even apply for PTI on a 2nd degree assault unless the prosecutor consents. That being said, we have gotten some clients into PTI on 2nd degree aggravated assault charges, it depends on the case.
“Call the New Jersey criminal defense attorneys at the Tormey Law Firm for a free consultation about your second degree aggravated assault charge.”
We know how to fight your charge and help you avoid second degree aggravated assault penalties. With an experienced team of criminal lawyers who possess years of litigation experience, we know exactly what it takes to win in the courtroom.
Call us today so that we look through the specific details of your file and formulate a personalized, winning strategy that will work for you.
(201) 556-1571
N.J.S.A. 2C:12-1(b) – Second Degree Aggravated Assault Statute
NJSA 2C:12-1(b)
The second degree aggravated assault law provides in pertinent part:
A person is guilty of aggravated assault if he or she:
(1) Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or
(6) Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10. Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this subsection upon proof of a violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10 which resulted in bodily injury to another person; or
(8) Causes bodily injury by knowingly or purposely starting a fire or causing an explosion in violation of N.J.S.2C:17-1 which results in bodily injury to any emergency services personnel involved in fire suppression activities, rendering emergency medical services resulting from the fire or explosion or rescue operations, or rendering any necessary assistance at the scene of the fire or explosion, including any bodily injury sustained while responding to the scene of a reported fire or explosion. For purposes of this subsection, “emergency services personnel” shall include, but not be limited to, any paid or volunteer fireman, any person engaged in emergency first-aid or medical services and any law enforcement officer. Notwithstanding any other provision of law to the contrary, a person shall be strictly liable for a violation of this paragraph upon proof of a violation of N.J.S.2C:17-1 which resulted in bodily injury to any emergency services personnel;
Aggravated assault under subsection b. (1) and b. (6) is a crime of the second degree; (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.
For more information about second degree aggravated assault in New Jersey, Wikipedia is a good source of unbiased information.
