Charged With A Crime Of The Fourth Degree, Third Degree or Second Degree for Aggravated Assault in Asbury Park New Jersey
Call Our Asbury Park Office For A Free Consultation With One Of Our Knowledgeable Attorneys & Former Prosecutors
Aggravated assault is an offense that arises more and more in Asbury Park. The City has the fastest growing hospitality industry in Monmouth County and an unfortunate byproduct has been more simple assault, disorderly conduct and even aggravated assault charges. If you were arrested on allegations that you committed an assault on a police officer, caused serious/significant injury to another person or were otherwise charged with an Asbury Park aggravated assault offense of the second degree, third degree or fourth degree, you need to take the offense seriously. A N.J.S.A. 2C:12-1(b) offense is always a felony indictable crime that carries the potential for a long state prison term, thousands in fines and other penalties. This is one of many reasons that you need to hire a skilled criminal attorney if you are facing this charge in Asbury Park New Jersey.
Our firm, The Law Offices of Jonathan F. Marshall has the qualifications you need to effectively defend your aggravated assault charge. In addition to having more Monmouth County Criminal Lawyers than any other in the region, we feature several former prosecutors and a team of lawyers with over 100 years of experience combined. We have successfully handled many complex assault cases, especially those involving police officers, over the past two decades. A lawyer is available immediately to discuss your arrest irrespective of its resulting from an incident of domestic violence, a bar fight, struggle with a bouncer, or drunken reaction to assistance by an EMT. Call us at 732-449-2292 for the assistance you need from one of our accomplished defense attorneys.
Aggravated Assault Charge in Asbury Park
The New Jersey Aggravated Assault Law sets forth eleven (11) scenarios in which someone may face this charge in Asbury Park or elsewhere in the state. In this regard, aggravated assault results when someone:
- 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
- Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or
- Recklessly causes bodily injury to another with a deadly weapon; or
- 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
- 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 employed 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 Youth and Family Services 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
- 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
- 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
- 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
- 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
- Knowingly points, displays or uses an imitation firearm, as defined in subsection f. 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
- 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.
All aggravated assault charges in Asbury Park are indictable crimes (i.e. fourth, third or second degree) that fall under the jurisdiction of the Monmouth County Superior Court that is located in Freehold New Jersey. The least serious form of aggravated assault is a fourth degree crime that carries up to a $10,000 fine and 18 months in jail. Third degree aggravated assault results in a fine that can reach $15,000 and up to 5 years in prison. Second degree aggravated assault is the most serious with 5-10 years in state prison and a fine as high as $150,000. In addition, a second degree falls within the No Early Release Act (“NERA”) that requires that an individual serve at least 85% of their sentence before becoming eligible for parole.
There are many defenses that a skilled attorney can pursue on your behalf in an Asbury Park aggravated assault case. They may also seek admission into Pretrial Intervention, a diversion program that allows you to avoid a criminal record and penalties under 2C:12-1b. Eligibility for this relief is limited and you are highly advised to consult an experience lawyer to maximize your chances of securing this outcome.
Aggravated Assault Attorney in Asbury Park
You are doing the right thing by taking the step of trying to find an aggravated assault attorney in Asbury Park. The offense you are defending is a felony and is nothing to underestimate given the potential penalties. The lawyers at The Law Offices of Jonathan F. Marshall have what you need in order to avert the serious consequences that can result under 2C:12-1(b). To speak to a lawyer on our team anytime 24/7, call our office at 732-449-2292. The consultation with our attorneys is without charge so there is no reason to hesitate in contacting us.
Related Asbury Park Legal Resource Pages & Posts
- Asbury Park Simple Assault Attorney
- Asbury Park NJ Domestic Violence Lawyers
- Asbury Park New Jersey Disorderly Conduct Lawyer
- Asbury Park Municipal Court Attorneys