New Jersey Aggravated Assault Lawyer NJ 2C:12-1b

Aggravated assault is a serious charge in New Jersey. Unlike simple assault, aggravated assault is a felony, with penalties that can include lengthy jail time, high fines, and the possibility of a permanent criminal record. If you’ve been charged, it’s essential to speak with an experienced New Jersey aggravated assault attorney who understands what’s at stake and will fight to protect your rights.

Get skilled aggravated assault attorney Jason A. Volet on your side. There are valid and effective defenses to aggravated assault charges, and our defense team will do everything within our power to prevent a conviction for you or a family member.

To learn more about how we can help, call (732) 863-5050 or contact us today for a free consultation.

Why You Should Hire Jason Volet as Your Defense Attorney

The stakes are high when you’re facing an aggravated assault charge in New Jersey. You need an experienced criminal defense lawyer with the knowledge to evaluate your legal options and prepare a strategic defense as your case moves through the criminal justice system.

Aggravated assault clients choose the Law Office of Jason A. Volet for:

• 30+ years of criminal defense experience, representing clients facing charges ranging from municipal offenses to serious criminal allegations
• Jason’s certification by the Supreme Court of New Jersey as a Criminal Trial Attorney, a designation that requires demonstrated experience, education, knowledge, and skill in criminal trial practice, along with continuing legal education, favorable professional evaluations, and passage of a written examination
• Experience handling more than 4,000 cases, including those involving aggravated assault and other serious criminal charges
• Firsthand prosecutorial experience, having previously served as an assistant prosecutor in Monmouth County and handled criminal cases from the prosecution side
• Recognition from legal rating organizations and publications, including a Superb rating from Avvo, a Notable rating from Martindale-Hubbell in 2026, and recognition as a Rising Star by Super Lawyers for 2012-2013

When selecting a lawyer, we know that qualifications matter, but so do results. The Law Office of Jason A. Volet has an established record of favorable results for clients facing aggravated assault charges, including:

• Securing admission to Pretrial Intervention (PTI) for a client charged with aggravated assault and strangulation, followed by an early termination of the client’s PTI
• Obtaining a downgrade from aggravated assault to simple assault for another client, allowing the client to avoid incarceration and receive a probationary sentence
•  Securing dismissal of an aggravated assault indictment for another client, allowing the client to avoid expulsion from PTI and a sentence on a prior offense

No lawyer can ethically promise a particular outcome in a criminal case. Factors such as your prior criminal history, the nature and severity of the charges, the available evidence, and the circumstances surrounding the alleged offense can all affect how your case proceeds. Although our past results do not guarantee a similar outcome in your case, they demonstrate our commitment to pursuing the best possible result under the circumstances.

See what one client has to say about working with Jason:

“Mr. Jason A. Volet is an exceptionally professional, caring, and highly focused attorney. His dedication to my legal situation and the positive outcomes achieved truly demonstrated his remarkable capabilities. His professionalism, both within and outside of the courtroom, and his consistent support affirm that he is unparalleled in his field of law. He is, without a doubt, the finest attorney I have encountered. The legal process can indeed be challenging and emotionally taxing, and Mr. Volet serves as a beacon of hope during such times.” – David

An aggravated assault conviction can lead to significant prison time and the lifelong stigma of a criminal record. Let Jason help you fight for a favorable resolution today.

As a Board-Certified Criminal Trial Attorney, Jason A. Volet draws on extensive knowledge of New Jersey criminal law when defending his clients. Past results include:

• Aggravated assault ‒ After a domestic dispute, our client was charged with second-degree aggravated assault involving strangulation. The charge carried a potential prison sentence of five to 10 years subject to the No Early Release Act (N.J.S.A. 2C:43-7.2), which requires convicted offenders to serve 85% of the sentence before becoming eligible for parole. Through negotiations with the assistant prosecutor, Jason A. Volet arranged a plea to a lesser charge and the client’s admission into New Jersey’s Pretrial Intervention (PTI) program for 12 months. After six months, Jason filed a motion to end the program early, and the client was successfully discharged shortly after. State v. RM (2025)
• Aggravated assault ‒ Our client was charged with aggravated assault involving strangulation in a domestic violence case and faced five to 10 years in prison before parole eligibility under New Jersey’s No Early Release Act (NERA). After an investigation revealed evidence that undermined the charge, Jason A. Volet negotiated a plea to simple assault, a disorderly persons offense carrying a maximum of six months in county jail. Our client avoided prison and received a one-year probation sentence. State vs. AS (2025)
• Aggravated assault ‒ Our client faced an aggravated assault charge involving medical personnel. Jason A. Volet obtained their admission into New Jersey’s Pretrial Intervention (PTI) program without requiring a guilty plea.

Every case is judged based on the facts, and The Law Office of Jason A. Volet cannot guarantee the same outcome for your legal matter. Each outcome depends on factors such as the applicable law, prior criminal history, the strength of the evidence, and the prosecutor, judge, and jury. State v. JL (2025)

What is Aggravated Assault?

Aggravated assault crimes can be a second-, third-, or fourth-degree charge. There are 11 different scenarios in which someone can be found guilty of a crime. These include:

• Knowingly and intentionally causing or attempting to cause serious bodily injury to someone else in a manner that shows a complete disregard for human life
• Causing or attempting to cause injury to another person using a deadly weapon
• Recklessly causing injury to someone else using a deadly weapon
• Intentionally pointing a firearm at another person, or in their direction, regardless of whether that firearm was loaded or unloaded
• Simple assault that is committed against a specific type of person performing official duties, such as a law enforcement officer, an EMT first responder, or a firefighter
• Causing injury to another person while attempting to flee or elude a police officer, or while committing the crime of theft
• Negligently or recklessly causing serious injury to another person
• Causing injury by starting a fire or explosion
• Intentionally pointing or displaying a firearm at a police officer, or pointing it in his or her direction
• Intentionally pointing or displaying a fake firearm in the direction of a law enforcement officer
• Using or activating a laser sighting system or device that could reasonably cause harm against a law enforcement officer

A knowledgeable aggravated assault lawyer will know how to analyze the evidence that a prosecutor presents and identify flaws in his or her argument. For example, medical records may show evidence of a bodily injury, but not one serious enough to meet the criteria for aggravated assault. The attorney may then request that the charge be dismissed or reduced.

What Are the Penalties for Aggravated Assault in New Jersey?

The penalties for aggravated assault vary depending on the degree of the charge. These include:

• Fourth-degree aggravated assault: A maximum of 18 months in prison and a maximum $10,000 fine
• Third-degree aggravated assault: At least three (but no more than five) years in prison and a maximum fine of $15,000
• Second-degree aggravated assault: At least five years in prison (but no more than 10) and a maximum fine of $150,000

Because so much is at stake when someone is charged with aggravated assault, it’s important to consult with an attorney who can build a solid, evidence-based defense strategy for you.

How Do You Defend Against an Aggravated Assault Charge?

There are several possible defenses in an aggravated assault case in New Jersey:

• Self-defense: New Jersey’s Self-Defense Law allows individuals to use a reasonable amount of force if they believe that they are in imminent danger from another person. Self-defense is also a viable defense when an intruder breaks into someone’s home and the owner of that home uses force that would otherwise be considered aggravated assault.

To use self-defense in a break-in case, a New Jersey aggravated assault lawyer must only show that the defendant believed he/she needed to use force in the situation, even if that force was later found to be unjustified. Still, the person accused of aggravated assault must have warned the injured person to stop interfering with the property. Deadly force can only be used when the accused believes that the trespasser or intruder was going to use deadly force against him/her.

• Mistake of fact: In this argument, there is no dispute that an assault occurred. However, it must be shown that the defendant was unaware of the injury it would cause. For example, if a defendant hit a victim on the arm after they had said something offensive but didn’t know it was the site of an old injury that would become irritated, this would be a mistake of fact and could serve as a valid defense.

To increase your chances for success in a New Jersey aggravated assault case, make sure that you hire an aggravated assault lawyer that you can be completely honest with.

Is There a Statute of Limitations for an Aggravated Assault Charge in New Jersey?

The statute of limitations on aggravated assault in New Jersey is five years from the date of the alleged assault. This means that charges must be filed within five years of the alleged assault or a person cannot be tried for the crime.

What Is the Difference Between Aggravated Assault and Simple Assault?

There are two different types of assault charges in New Jersey — aggravated assault and simple assault. The biggest difference is that aggravated assault generally requires serious bodily injury. Another important difference is that a simple assault is considered a disorderly persons offense and is a misdemeanor, with lighter penalties.

There are some instances when a simple assault can be upgraded to an aggravated assault charge. This largely occurs when a simple assault was carried out against a certain type of person, including a law enforcement officer, a teacher, or a first responder carrying out their official duties.

Get Help From a New Jersey Aggravated Assault Defense Lawyer

Being convicted of aggravated assault in New Jersey can have serious long-term consequences. You need to get a tough lawyer working on your case as soon as possible. Don’t delay — reach out to The Law Office of Jason A. Volet to arrange a case review at no cost.

Call (732) 863-5050 or contact us to schedule a free and confidential consultation on your aggravated assault case.