When the victim of a physical confrontation in Manasquan NJ is a police officer or is someone who sustains serious or significant injuries, you can expect an aggravated assault charge under N.J.S.A. 2C:12-1(b) to be filed. If you find yourself in the predicament of being charged with second degree, third degree or even fourth degree aggravated assault, you need to hire an attorney immediately. Whether the offense was the result of a mutually agreed to bar fight or what was actually a minor scuffle with the Manasquan police, aggravated assault is a felony that always triggers the potential for state prison. This is a much different and more serious accusation than those involving simple assault in Manasquan or a Manasquan resisting arrest. Our team of criminal attorneys can assist you in negating a poor outcome. We are former prosecutors with over one hundred years of collective experience defending aggravated assault charges in Manasquan and at the Monmouth County Superior Court. Give us a call for the consideration you need in this confusing time. The consultation is without charge.
Aggravated Assault Charge in Manasquan NJ
The NJ law which applies to your aggravated assault charge is N.J.S.A. 2C:12-1(b). You may be facing an Manasquan aggravated assault offense based on any number of scenarios, most of which are set forth in 2C:12-1(b). In this regard, you could have been charged with this violation because you:
- Purposely, knowingly, or recklessly attempted or caused serious bodily injury to another;
- Attempted or knowingly cause bodily injury to another with a deadly weapon;
- Recklessly caused bodily injury to another with a deadly weapon;
- Knowingly pointed a loaded firearm at another;
- Committed a simple assault on a police officer, fireman, first-aid technician, teacher or school administrator, DYFS worker, a judge, corrections officer, or an on-duty public utility work;
- Caused bodily injury to another while eluding a police officer in violation of N.J.S.A. 2C:29-1;
- Knowingly or recklessly caused significant bodily injury to another;
- Caused bodily injury to another as a result of arson under N.J.S.A. 2C:17-1;
- Knowingly or recklessly points a loaded firearm at a police officer;
- Knowingly points an imitation firearm at a police officer in order to intimidate, threaten or place the officer in fear of injury; or
- Uses or threatens to use a laser sighting device against a law enforcement officer.
An aggravated assault charge in Manasquan falling under (1) or (6) above is a second degree crime punishable with a fine of $150,000 and up to 10 years in jail. Violations falling under (2), (7), (9) (10) and (11) are third degree crimes. An individual convicted for third degree aggravated assault in Manasquan faces 5 years in a prison and a $15,000 fine. It is a fourth degree crime to commit an aggravated assault under (3) and (4) above. There is a potential jail term of 18 months and fine of $10,000 that applies to fourth degree aggravated assault.
If you aggravated assault involved a police officer under (5) and he/she sustained bodily injury, then you face a fourth degree crime. Otherwise, the charge is a fourth degree crime. Aggravated assault resulting from arson under (8) is a third degree crime where bodily injury sustained and a second degree crime where the victim(s) suffer significant or serious bodily injury.
In addition to the fines and penalties previously set forth, a conviction for second degree aggravated assault falls within the No Early Release Act (“NERA”). NERA requires that an individual serve at least 85% of any state prison term imposed before they are eligible for parole. This ineligibility period is also referred to as a mandatory minimum term.
Manasquan NJ Aggravated Assault Attorneys
As you can see, an aggravated assault offense has the potential to dramatically change your life. You will not only have a felony record but also face the real possibility of a state prison term if you lose your case. This is good reason to make sure you identify the attorney who provides you with the best opportunity to successfully defend your Manasquan aggravated assault. We believe our firm includes attorneys that can afford you this opportunity. Call us anytime 24/7 to discuss your offense.