It does not require much for your actions to go from a simple argument into felony charges for Aggravated Assault. Depending on the facts of your case and nature of the alleged victim’s injuries, you could be staring down the barrel of a lengthy prison sentence. Under N.J.S.A. 2C:12-1, there are a multitude of actions that could give rise to Aggravated Assault charges. Because of how broad the laws on assault are, it is important that you have your case reviewed by a criminal defense lawyer to make sure that the Prosecutor is not “overreaching” in these charges. If you have been involved in an incident where someone suffered significant or serious bodily injury or you were charged with Simple Assault, Aggravated Assault on a Police Officer, Aggravated Assault with a Deadly Weapon, Possession of a Weapon with an Unlawful Purpose, Resisting Arrest or Eluding, then contact the Criminal Defense Attorneys at Proetta, Oliver & Fay. We will consult with you on the charges you are currently facing or what charges may be filed based on the facts of your case. If you or your loved one may have already been arrested and are facing a Detention Hearing, we can assist in fighting against the Prosecutor’s motion to keep you in jail pending trial. If you have been charged with assault or some other criminal offense in Burlington County, call 609-850-8284 today and speak with an attorney today.
Cinnaminson NJ Aggravated Assault Attorneys
Aggravated Assault Charges are always an indictable felony offense. This means that your case will be handled by the Burlington County Prosecutor’s Office and the Burlington County Superior Court. The specific degree/severity of your charges will vary depending upon to nature of the offense. For example, your Aggravated Assault charges will be a second degree felony offense if you cause or attempt to cause serious bodily injury to another under circumstances manifesting extreme indifference to the value of human life. Alternatively, Aggravated Assault charges will be a third degree felony offense if you cause or attempt to cause significant bodily injury to another, even if it was done recklessly, or a weapon is brandished by the defendant. Lastly, your Aggravated Assault charges will be a fourth degree felony offense if you recklessly causing bodily injury to someone while using a deadly weapon or points a firearm in the direction of the victim.
There are additional situations that could give rise to charges for Aggravated Assault. For more information, please call (609) 850-8284.
What are Aggravated Assault Penalties in Bordentown, NJ?
Second Degree Aggravated Assault
If convicted of second degree assault, you are facing between five (5) and ten (10) years in a New Jersey State Prison and a fine up to $150,000. As a second degree offense, you are also subject to the No Early Release Act (NERA), which requires that you serve at least 85% of your sentence before you can become eligible for parole. This means that you will not be eligible for parole on a 10 year sentence until you have served 8 ½ years, regardless of good behavior or work credits.
Third Degree Aggravated Assault
If convicted, you will serve between three (3) and five (5) years in a New Jersey State Penitentiary and a $15,000 fine.
Fourth Degree Aggravated Assault
Depending on the exact charge, a fourth degree conviction for aggravated assault will either carry an eighteen (18) month sentence where you are parole eligible or an eighteen (18) month sentence where you must serve the entire 18 months without becoming parole eligible.
Temporary Restraining Orders for Aggravated Assault in Burlington County
Depending upon the relationship between the defendant and the victim, simple assault or aggravated assault charges may give rise to a Temporary Restraining Orderor No Contact Order from the Court. If you have been served with a Temporary Restraining Order (TRO) shortly after you have been charged with Assault, then contact our office. You will have a Final Restraining Order Hearing shortly after the TRO has been issued and it is imperative that you do not allow the victim to use your statements at the Restraining Order Hearing against you in the subsequent criminal case.
Can the Court Detain Someone for Aggravated Assault Without Bail?
Due to New Jersey’s New Bail Reform, the Burlington County Prosecutor’s Office can file a motion for Pretrial Detention whenever someone is charged with a criminal offense. Generally, the Burlington County Prosecutor will use discretion in deciding when to file for the pretrial detention and only use this motion is serious cases or repeat offenders. However, more and more often we are seeing prosecutor’s file these motions for a formal Detention Hearing when someone is accused of an assault involving domestic violence. This is even true when the defendant has never even been arrested before. For more information on these hearings and how you can argue to obtain your release, call our Burlington County Office today.
Burlington Aggravated Assault Attorney
As can be gleaned from the information above, Aggravated Assault charges have serious ramifications. If convicted, you face the possibility of a lengthy prison sentence, fines, probation, community service and a felony criminal record. Your life as you know it may change drastically. Do not become a victim of the criminal justice system. Call 609-850-8284 today and speak with a criminal defense lawyer immediately about your case. Firm Partner, William C. Fay, IV, is a former New Jersey Deputy Attorney General. He will walk you through the process of a criminal case, help you understand what to expect and begin working on a defense strategy for you and your family. We represent clients charged with aggravated assault throughout Burlington County including Evesham,Mount Laurel,Mount Holly, Pemberton, Bordentown, Burlington, Willingboro and Moorestown, just to name a few. For your complimentary consultation, please call our Mount Laurel office at (609) 850-8284.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have four office locations conveniently located in Jersey City, Edison, Middletown, Cranford, Burlington, and Hamilton. All major credit cards are accepted.
525 Highway 73, Suite 104, Marlton, New Jersey 08053 Phone: 609-850-8284 By Appointment Only
100 Horizon Center Boulevard, Hamilton, New Jersey, 08691 By Appointment Only
Point Pleasant Office
3828 River Road,
Suite A, Point Pleasant,
New Jersey 08742
By Appointment Only
180 Kings Highway, Middletown Township, New Jersey 07748 By Appointment Only