Charged With Aggravated Assault For Attempting To Cause Serious Bodily Injury

Aggravated Assault Defense Lawyers in Freehold NJ

If you have landed on the article, you are probably interested in identifying the lawyer who is best suited to defend your aggravated assault charge at the Monmouth County Superior Court, Freehold NJ, and also in educating yourself about the charge you are facing. In terms of The Law Offices of Jonathan F. Marshall, we are the largest criminal defense firm in the county with offices in both Freehold and Red Bank. The attorneys on our staff, at least three of whom have 25 plus years experience defending criminal charges, have handled thousands of simple assault offenses in local courts like Eatontown, Holmdel, Keyport, Tinton Falls and Middletown, as well as aggravated assault cases in Freehold. In fact, we have even prosecuted these charges on behalf of the state in years past. There is little question that we can serve you effectively given our significant experience, so we encourage you to give us a call for a free consultation. We also hope you find the information that follows to be of assistance.

Charged With Second Degree Aggravated Assault For Attempting To Cause Serious Bodily Injury

The variety of aggravated assault that we are discussing in this article is contained at N.J.S.A. 2C:12-1(b)(1). It provides that an individual commits the offense of aggravated assault when he or she “[a]ttempts 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”. The first thing you will note from this language is that a violation of this provision can occur whether someone actually sustains “serious bodily injury” or not as an attempt suffices under this law. The example frequently used by judges in reported cases to illustrate this point is the man who fires a gun at another but misses the victim. His intention is obviously to cause grave injury but luckily he misses. The same would hold true for someone who swings a bat or broken bottle at someone in hopes of making contact. The attempt is enough because they possessed the purpose to cause serious bodily injury but fell short. N.J.S.A. 2C:12-1(b)(1) results in second degree aggravated assault because there was an intention and knowing conduct to cause the injury.

As stated previously, this variety of aggravated assault is a second degree crime. Second degree offenses result in a state prison sentence of 5-10 years and a fine that can reach $150,000. In addition, the provision of the No Early Release Act (“NERA”) are triggered under 2C:12-1(b)(1). When an individual is convicted under this provision of the aggravated assault law, they are required to serve 85% of the jail sentence imposed before they may be considered for parole.

Freehold NJ Attorneys For Charge Of Attempting To Cause Serious Bodily Injury To Another

The defense team at our firm is prepared to fight for you in Freehold just as we have for countless others with success in the past. Our mission is to reach the best outcome so that your liberty and record is preserved. We are ready to diligently defend your aggravated assault case so that your Hazlet, Wall, Atlantic Highlands, Sea Bright or Howell arrest does not become a second degree conviction in Freehold. This may come as a result of a remand of your case back to municipal court as a disorderly persons offense, downgrade of the charge to third or fourth degree aggravated assault, or an outright dismissal. Irrespective, our objective is to insure that you get the best result possible. To discuss your case in detail with an attorney our our staff, call our Freehold Office or Red Bank Office for immediate assist. Lawyers are available 24/7 to assist you and the consultation is free.