Monmouth County Aggravated Assault Lawyers

Aggravated Assault Basics

Aggravated assault can arise in a variety of ways and in four (4) different grades of severity that largely hinge on the level of personal injury sustained. The offense can be filed as a result of a criminal complaint filed by a local police officer in Middletown, Wall, or another municipality, or by way of an indictment secured by the Monmouth County Prosecutor’s Office. The case will always be heard at the county courthouse irrespective of how it was filed since that is the only place that an indictable crime of the fourth, third or fourth degree can be heard. A municipal court lacks jurisdiction to decide felony charges such as aggravated assault.

There are thirteen (13) different forms of aggravated assault set forth in  N.J.S.A. 2C:12-1(b) of the New Jersey criminal code. There are also three (3) different grades in terms of severity. Fourth-degree aggravated assault is the least severe. Third-degree aggravated assault is the next highest grade and second-degree aggravated assault is the most serious in terms of penalties.

I. Fourth Degree Aggravated Assault

An individual commits a fourth degree crime under 2C:12-1b if they:

• Recklessly cause bodily injury to another person with a deadly weapon contrary to 2C:12-1(b)(3)
• Knowingly under circumstances manifesting extreme indifference to the value of human life point a handgun, shotgun, rifle, or other firearm at another person – 2C:12-1(b)(4)
• Commit a simple assault without injury on a law enforcement officer, firemen or EMT, school personnel, a youth and family services employee, judge, school bus driver or aide, corrections officer, sheriff employee, or certain utility and cable television employees in violation of 2C:12-1(b)(5)

II. Third Degree Aggravated Assault

The largest number of aggravated assault scenarios set forth in N.J.S.A. 2C:12-1(b) fall within the third-degree grade. A defendant commits third degree aggravated assault if they:

• Attempt to cause or purposely or knowingly cause bodily injury to another person with a deadly weapon – 2C:12-1(b)(2)
• Attempt to cause significant bodily injury 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 – 2C:12-1(b)(7)
• Cause bodily injury by knowingly or purposely starting a fire or causing an explosion  – 2C:12-1(b)(8)
• Knowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm, at a law enforcement officer – 2C:12-1(b)(9)
• Knowingly points, displays or uses an imitation firearm against a law enforcement to intimidate, threaten, or attempt to place the officer in fear or for any unlawful purpose – 2C:12-1(b)(10)
• Use or activate a laser sighting system or device against a law enforcement officer – 2C:12-1(b)(11)
• Attempt to cause significant bodily injury or cause significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life, recklessly causes significant bodily injury to a person that qualifies as a domestic violence victim – 2C:12-1(b)(12)

III. Second Degree Aggravated Assault

Second degree aggravated assault is the most serious grade of this offense. An individual commits this violation if they:

• Attempt to cause serious bodily injury, knowingly or purposely cause serious bodily injury, or if they recklessly cause serious bodily injury under circumstances manifesting extreme indifference to the value of human life – 2C:12-1(b)(1)
• Cause bodily injury to another person while eluding the police – 2C:12-1(b)(6)
• Cause significant bodily injury or serious bodily injury by knowingly or purposely starting a fire or causing an explosion  – 2C:12-1(b)(8)
• Knowingly or, under circumstances manifesting extreme indifference to the value of human life, recklessly obstructs the breathing or blood circulation of a person who qualifies as a domestic violence victim – 2C:12-1(b)(13)

You will note that three (3) different categories have been used in the previous headings. An individual suffers “bodily injury” (a.k.a. bodily harm) if the conduct causes physical pain, illness or any impairment of physical condition. “Significant bodily injury” is a more serious condition and contemplates a bodily injury that results in a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses. An individual sustains “serious bodily injury” if their injury causes a substantial risk of death, serious permanent disfigurement, or a protracted loss or impairment of any body function.

An accomplished aggravated assault attorney at our firm, including a former Monmouth County Prosecutor who is extremely familiar with the key players involved in your case, is ready to discuss the dynamics of the law so that you have a better understanding as to what must be proven in order to convict you.

Aggravated Assault Versus Simple Assault

Simple assault is a misdemeanor criminal offense that falls within the category of a disorderly persons offense.  A municipal court has jurisdiction to decide a simple assault charge and incarcerate an individual for up to 6 months in the Monmouth County Correctional Institute (a.k.a. Monmouth County Jail) if they are convicted. In contrast, an aggravated assault offense is a felony that can only be adjudicated at the Superior Court level, for our purposes, at the county courthouse in Freehold.

There are instances, however, where a simple assault can be transformed into aggravated assault. What we are referring to is the scenario where a police officer, corrections officer, fireman, EMT or other government official is the victim of an assault while performing their official duties. An incident that would otherwise be a simple assault is enhanced to aggravated assault where the victim falls within one of these categories.

Our Monmouth County aggravated assault attorneys include seasoned former prosecutors who have the ability to effectively handle the delicate situation where a police officer is the alleged victim of a 2C:12-1(b) offense.

Second Degree Aggravated Assault Penalties

Second degree aggravated assault results in five (5) to ten (10) years in New Jersey state prison and a fine of up to $150,000. Additionally, the requirements set forth in the New Jersey No Early Release Act (“NERA”) apply which means that an individual must serve at least 85% of his/her jail sentence before they may be paroled. This is what is commonly referred to as a period of parole ineligibility or mandatory minimum prison sentence.

As you can see, the consequences of a Monmouth County second degree aggravated assault offense can be extreme. Hiring the right criminal defense lawyer can, however, make all the difference in avoiding these types of consequences. The team of former Monmouth County Prosecutors and seasoned attorneys at Marshall Criminal Defense possess exactly what is needed to achieve an acquittal.

Third Degree Aggravated Assault Penalties

An individual may be sentenced to zero (0) to five (5) years in prison and fined up to $15,000 upon conviction for third degree aggravated assault. There is a presumption of non-incarceration when the accused has no prior criminal record. This presumption is lost, however, if the conviction is for violating N.J.S.A. 2C:12-1(b)(12).

A former member of the Monmouth County Prosecutors Office at our law firm is ready 24/7 to discuss how we can assist you in averting a conviction.

Fourth Degree Aggravated Assault Penalties

The period of incarceration for fourth degree aggravated assault is zero (0) to eighteen (18) months in prison. The maximum fine is $10,000.

Aggravated Assault As A Basis For A Restraining Order

Aggravated assault is criminal offense. It is dealt with in a criminal courtroom at the Monmouth County Superior Court. However, an incident of aggravated assault can also trigger a parallel family court proceeding known as a Final Restraining Order Hearing.

The New Jersey Prevention of Domestic Violence Act allows a victim of aggravated assault to apply for a restraining order if they were married to, dated, lived with, or shared a child with the defendant. If the court concludes, after reviewing the domestic violence complaint and testimony of the victim, that probable cause exists to believe that the related assault occurred, it will enter a temporary restraining order that prevents the defendant from making any contact with the victim.

The defendant thereafter has the opportunity to contest the allegation at the final restraining order hearing. If the family court judge concludes that either, there was domestic assault or other form of domestic violence, or that there is no threat of future acts of domestic violence that warrant ongoing protection, the restraints will be lifted and the restraining order dismissed.

Securing Pretrial Release After Being Charged With Aggravated Assault

New Jersey has eliminated bail bonds, as well as cash bail, in almost all criminal cases. The process for securing pretrial release now involves a mandatory appearance before a judge who is entrusted with setting pretrial conditions as opposed to monetary bail. The decision made by the court is based, at least in part, on a report referred to as a Pretrial Safety Assessment or PSA. The judge reviews the PSA, which outlines the prior record of the accused and his history in terms of timely appearance on cases, and assigns a score on a scale of 1 to 6 for risk of re-offending and, second, risk of not appearing in court.

You should also know that the prosecutor has an absolute right to file a motion to detain a defendant.  When this happens, the accused is held in the Monmouth County Correction Institute for an additional 3 business days until a formal detention hearing can be conducted. The court must decide whether the motion to detain has merit and warrants that the defendant is held until trial or whether the motion should be denied and the release ordered. Please note that pretrial detention motions are extremely common in aggravated assault cases involving domestic violence, where the charge is a second degree, and where the defendant has an extensive prior record.

It is extremely important that you retain a savvy pretrial detention lawyer in Monmouth County if your loved one is being held as a result of a motion to detain or was just arrested since it is possible that a motion can be avoided altogether.  The attorneys on our team have considerable experience and success in this setting and are well-rooted in terms of the court system in Freehold and all along the Jersey Shore.

Freehold NJ Aggravated Assault Defense Attorney

Irrespective of whether you were arrested for aggravated assault in Manalapan, Long Branch, Howell, Holmdel or one of the other municipalities in Monmouth County, you will need an attorney who is skilled to escape a conviction. It would also help if your counsel has a strong connection with the Monmouth County Prosecutor’s Office and the court system, not to mention a proven track record of success in defending N.J.S.A. 2C:12-1(b) charges.

You would be hard-pressed finding a criminal firm that is more well equipped in this regard than the Law Offices of Jonathan F. Marshall. Our team of lawyers includes individuals who have spent the majority of their legal careers practicing in Freehold at the Monmouth County courthouse, including many years building relationships at the prosecutor’s office. We have certainly handled hundreds and possibly thousands of cases involving aggravated assault charges.

To learn what we can do to assist you, give us a call anytime 24/7 and an attorney will be more than happy to review the facts of your case. You are also encouraged to schedule an appointment in our Freehold or Middletown office.

Fequently Asked Questions in Monmouth County Aggravated Assault Cases