“Aggravated assault in New Jersey is considered an indictable crime. These charges must be aggressively fought in court. If convicted, an aggravated assault charge carries a state prison term of 5 to 10 years.”
Arrested for Aggravated Assault in NJ? Get Help from Criminal Lawyers in Bergen County NJ
Aggravated assault in New Jersey typically refers to assault cases in which weapons are used, or relatively serious bodily injury occurs. This is clearly considered to be a “violent crime,” and should be handled carefully. Since aggravated assault is an indictable crime, it exposes you to more severe legal consequences than simple assault. Our law firm has a series of defense strategies that we use in assault cases, and will certainly apply to an aggravated assault charge. If you have been arrested and charged with aggravated assault in New Jersey, it is vital that you seek knowledgeable legal counsel as soon as possible. For additional information about these charges, please feel free to access the information on this page and give our criminal defense firm a call any time for a free consultation: (201) 556-1570.
What is Aggravated Assault?
Aggravated assault is a felony (indictable) charge in New Jersey that must be handled in the Superior Court in the county in which you are charged. Aggravated assault is typically either a second or third degree felony offense depending on the extent of the injuries to the alleged victim and whether or not a weapon was involved.
Second Degree Aggravated Assault
On a second degree aggravated assault charge, the defendant is facing five (5) to ten (10) years in prison with a presumption of incarceration even if the defendant has no prior criminal history.
Third Degree Aggravated Assault
On a third degree aggravated assault charge, the defendant is facing three (3) to five (5) years in prison but there is a presumption of non-incarceration for first time offenders. This means that, if you have no prior record and are convicted of a third degree aggravated assault charge, you are presumed to be sentenced to probation rather than jail.
In addition, aggravated assault is a violent offense which falls under the No Early Release Act. This means that, if you are convicted of either a second or third degree aggravated assault charge, you must serve 85% of your prison sentence before becoming eligible for parole.
Fourth Degree Aggravated Assault
A 4th degree aggravated assault charge is the lowest level of this type of offense. This means that you are facing less severe penalties than the other two levels of aggravated assault. Nevertheless, a 4th degree crime carries up to 18 months in NJ state prison and a maximum fine of $10,000.
In some cases, depending on the circumstances of the charge and if you have any prior record, you may be eligible to apply for a first offender program known as Pre-Trial Intervention (“PTI”). This diversionary program can only be used once in your life and is for individuals with no prior criminal history. If you apply and are accepted into the PTI program, you will avoid any jail time and you will avoid an aggravated assault felony charge on your permanent record. Once you successfully complete the probationary period, the case is dismissed. Then, you can apply to expunge the arrest from your record after 6 months to have the entire charge and arrest removed from your background.
Aggravated Assault as Grounds for a Restraining Order
Aggravated Assault also falls under the category of “predicate acts of domestic violence,” which means this charge can be used as grounds for a restraining order if the assault occurs in the context of domestic violence. In other words, if someone you are dating, married to, share a child with, related to, or living with accuses you of aggravated assault, he or she can file for a temporary restraining order (TRO). Once a TRO has been issued, you will be required to appear in the Superior Court, Family Division for a final restraining order hearing. This court proceeding will either result in a permanent restraining order against you or not. An FRO will prohibit you from having any contact whatsoever with the alleged victim and does not expire. The consequences of having a restraining order against you will come in addition to the criminal penalties for aggravated assault explained above.
Contact an NJ Aggravated Assault Lawyer for Your Best Defense
Our criminal trial team is composed of former prosecutors and experienced New Jersey criminal defense lawyers. This means that, some of our attorneys used to prosecute aggravated assault cases for the State of NJ. Now, let them use their knowledge and experience to draft a comprehensive defense strategy to fight your aggravated assault charges. Contact our offices now for immediate assistance at 201-556-1570. The initial consultation is always provided free of charge.
At the Tormey Law Firm, we have handled many aggravated assault cases over the years. Here are some real life examples of aggravated assault cases in NJ that our defense lawyers successfully handled:
- Second degree aggravated assault charges Morris County NJ
- Essex County NJ 2nd degree aggravated assault charges dismissed
- Hudson County NJ Aggravated Assault Defense Lawyers
- Fort Lee NJ Aggravated Assault Charge Attorneys
Here is a review from one of our very satisfied clients who we represented on aggravated assault charges:
“Hired to defend me for aggravated assault”
“Travis is a knowledgeable and trustworthy lawyer which I will retain his services again should there be any more legal problems.” – ★★★★★ Joe
Assault Defense Strategies:
Strategies on How To Beat Assault Charges Are Listed Below:
Here are a few other methods that can be used to beat your case: Top 5 Ways To Beat A Criminal Charge
Other Assault Information