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.”

second degree aggravated assault njSecond degree aggravated assault usually involves a physical altercation. Legally, it means that the victim suffers a significant injury or that a defendant who was fleeing the police causes an accident resulting in injury. Because second degree aggravated assault is classified as a very serious violent crime, a conviction can result in up ten (10) years in state prison, in addition to other severe penalties outlined below.

The Tormey Law Firm has a team of aggressive criminal defense lawyers, including an active 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 may invoke the No Early Release Act (NERA) if the assault in your case is considered “violent.” The NERA has devastating consequences for persons charged with second degree aggravated assault: a person convicted under the statute MUST serve no less than 85% of their sentence before becoming eligible for parole.

“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.

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N.J.S.A. 2C:12-1(b) – Second Degree Aggravated Assault Statute

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

(2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or

(3) Recklessly causes 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; or

(5) Commits a simple assault as defined in subsection a. (1), (2), or (3) of this section upon:

(a) Any law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority or because of his status as a law enforcement officer; or

(b) 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

(c) 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 of emergency first-aid or medical services; or

(d) Any school board member, school administrator, teacher, school bus driver or other employee of a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of his duties or because of his status as a member or employee of a public or nonpublic school or school board or any school bus driver by an operator under contract to a public or nonpublic school or school board while clearly identifiable as being engaged in the performance of his duties or because of his status as a school bus driver; or

(e) Any employee of the Division of Child Protection and Permanency while clearly identifiable as being engaged in the performance of his duties or because of his status as an employee of the division; or

(f) Any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge while clearly identifiable as being engaged in the performance of judicial duties or because of his status as a member of the judiciary; or

(g) Any operator of a motorbus or the operator’s supervisor or any employee of a rail passenger service while clearly identifiable as being engaged in the performance of his duties or because of his status as an operator of a motorbus or as the operator’s supervisor or as an employee of a rail passenger service; or

(h) 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 any sheriff, undersheriff, or sheriff’s officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority; or

(i) Any employee, including any person employed under contract, of a utility company as defined in section 2 of P.L.1971, c.224 (C.2A:42-86) or a cable television company subject to the provisions of the “Cable Television Act,” P.L.1972, c.186 (C.48:5A-1 et seq.) while clearly identifiable as being engaged in the performance of his duties in regard to connecting, disconnecting or repairing or attempting to connect, disconnect or repair any gas, electric or water utility, or cable television or telecommunication service; or

(j) Any health care worker employed by a licensed health care facility to provide direct patient care, any health care professional licensed or otherwise authorized pursuant to Title 26 or Title 45 of the Revised Statutes to practice a health care profession, except a direct care worker at a State or county psychiatric hospital or State developmental center or veterans’ memorial home, while clearly identifiable as being engaged in the duties of providing direct patient care or practicing the health care profession; or

(k) Any direct care worker at a State or county psychiatric hospital or State developmental center or veterans’ memorial home, while clearly identifiable as being engaged in the duties of providing direct patient care or practicing the health care profession, provided that the actor is not a patient or resident at the facility who is classified by the facility as having a mental illness or developmental disability; 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

(7) Attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury; 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; or

(9) Knowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer; or

(10) Knowingly points, displays or uses an imitation firearm, as defined in subsection v. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer with the purpose to intimidate, threaten or attempt to put the officer in fear of bodily injury or for any unlawful purpose; or

(11) Uses or activates a laser sighting system or device, or a system or device which, in the manner used, would cause a reasonable person to believe that it is a laser sighting system or device, against a law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority. As used in this paragraph, “laser sighting system or device” means any system or device that is integrated with or affixed to a firearm and emits a laser light beam that is used to assist in the sight alignment or aiming of the firearm.

Aggravated assault under subsection b. (1) and b. (6) is a crime of the second degree; under subsections b. (2), b. (7), b. (9) and b. (10) is a crime of the third degree; under subsections b. (3) and b. (4) is a crime of the fourth degree; and under subsection b. (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 subsection b. (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 subsection b. (11) is a crime of the third degree.

For more information about second degree aggravated assault in New Jersey, Wikipedia is a good source of unbiased information.

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