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What Is the Difference Between Aggravated and Simple Assault in New Jersey?

Many clients we serve who have been charged with aggravated assault do not realize that an experienced New Jersey defense attorney can often have aggravated assault charges reduced to simple assault.

Aggravated assault occurs when a person causes or attempts serious bodily injury or uses a deadly weapon to inflict bodily injury. Simple assault is when someone causes or attempts bodily injury upon another person or carelessly causes bodily injury with a deadly weapon. Police may charge an individual with simple assault for menacing someone to put them in fear of serious injury.

Getting an aggravated assault charge reduced to simple assault is preferable because simple assault is a disorderly persons offense in New Jersey. A conviction of simple assault carries a possible sentence of up to six months in jail and a fine of up to $1,000. That is not nearly as harsh as the potential penalty of 5 to 10 years in prison and a $150,000 fine, which an aggravated assault conviction could bring.

If you are facing assault charges of any kind in New Jersey, you need the help of an experienced criminal lawyer.  Contact the Law Office of Jason A. Volet right away to protect your legal rights. As a defense attorney and former prosecutor, attorney Jason Volet has the experience to help you seek the most favorable resolution if you are facing charges of aggravated assault.

 What Are Some Examples of Aggravated Assault in New Jersey?

Aggravated assault may be charged as a second, third, or fourth-degree offense in New Jersey. There are 11 scenarios in which someone could be convicted for aggravated assault in New Jersey.

Second-degree offense aggravated assault is:

  • Knowingly and intentionally causing or attempting to cause serious bodily injury to someone else in a manner that shows extreme indifference to human life
  • Causing injury to another while attempting to flee or elude a police officer or while committing a theft

For example, a second-degree offense of aggravated assault would be charged for Knowingly or purposely starting a fire or causing an explosion that causes bodily injury to any emergency services personnel involved in fire suppression activities or rendering emergency medical services r at the scene of the fire or explosion

Third-degree offense aggravated assault is:

  • Causing or attempting to cause injury to another person using a deadly weapon, such as a gun or knife
  • Causing or attempting to cause significant bodily injury to someone purposely or under circumstances showing extreme indifference to the value of human life
  • Intentionally pointing or displaying a firearm in the direction of a law enforcement officer
  • 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 to a law enforcement officer

Fourth-degree offense aggravated assault is:

  • Recklessly causing injury to someone using a deadly weapon
  • Intentionally pointing a firearm at or in the direction of another person, regardless of whether it is loaded
  • Assaulting someone performing official duties, such as a law enforcement officer, a firefighter, a medical first responder; school administrator, school bus driver; or school teacher. If the individual is injured in the assault, the charge may be elevated to a third-degree offense of aggravated assault.

What Are The Penalties for Aggravated Assault in New Jersey?

  • Second-degree aggravated assault is punishable by 5 to 10 years in prison and a maximum fine of $150,000
  • Third-degree aggravated assault is punishable by 3 to 5 years in prison and a maximum fine of $15,000
  • Fourth-degree aggravated assault is punishable by up to 18 months in prison and a maximum fine of $10,000

What Are Some Examples of Simple Assault in New Jersey?

Simple assault occurs when the victim was hurt or felt threatened or injured by a mishandled weapon. But any unwelcome touching of someone else could be charged as simple assault.

Simple assault might be charged for:

  • Hitting or grabbing someone
  • Pushing someone down or against a wall
  • Pulling someone’s hair
  • Throwing an object that hits someone
  • Dropping or mishandling a gun, causing it to fire and injure someone
  • Threatening to strike someone

What Are The Penalties for Simple Assault in New Jersey?

The harshest penalty available for a simple assault conviction in New Jersey is six months in jail and a fine of up to $1,000. If it is your first offense and you have an attorney, you could obtain a suspended sentence and be put on probation. You may be required to perform community service and attend anger management classes.

Visit Our Criminal Defense Law Offices in New Jersey

Contact a New Jersey Criminal Defense Lawyer

As your criminal defense attorney, Jason A. Volet will work to help you pursue the most favorable resolution of a charge of assault. Because Jason Volet is known in New Jersey courts, he can discuss the mitigating factors of your case with prosecutors and, in some cases, have charges reduced. Perhaps you thought you were in danger of serious physical harm and reacted in self-defense. Witnesses and other evidence may support your version of events.

An aggravated assault conviction in New Jersey carries serious long-term consequences. Even a simple assault conviction leaves you with a record. You need a skilled and aggressive defense lawyer working on your behalf as soon as possible. Reach out to the Law Office of Jason A. Volet by phone at (732) 702-3785 or online for prompt assistance and a free initial legal consultation.

4 Common Questions You May Have About Your Miranda Rights

When a person is arrested, the police are supposed to read them their rights as a person facing criminal allegations. This reading, sometimes known as a Miranda warning or a reading of the Miranda rights, is a basic part of most arrests and is required in many cases. However, not all arrests require the reading of these rights at the time of arrest.

If you have been arrested and are facing criminal charges, it is important that you obtain vigorously committed legal representation in your case. For a free consultation regarding your case, contact the New Jersey criminal lawyers of the Law Office of Jason A. Volet at (732) 863-5050.

Do the Police Have to Read the Miranda Rights Every Time?

It is not required that police officers always read a person their Miranda rights if they want to question them. In some cases, officers may stop someone on the street or take them to the police station and ask them about a crime without reading these individuals their Miranda rights. This is typically acceptable because these individuals are not in police custody at the time of questioning.

What Are the Miranda Rights?

Miranda rights are a set of warnings issued to a person being questioned by the police which are intended to prevent them from self-incrimination. These rights insulate a person against unfair interrogation or being forced by the police to make a false statement. They include the right to remain silent, the right to seek a legal advisor, and the right to stop speaking to a police officer at any point during an interrogation.

Contact New Jersey criminal defense attorney Jason Volet today for a free consultation.What Happens if These Rights Are Not Read?

If an officer is supposed to read these rights, but fails to do so, the information obtained through subsequent questioning cannot be used in court. This includes any confessions that may have been issued.

What are My Rights If I Am Arrested in New Jersey?

When you are arrested for a crime, you are still entitled to certain inalienable rights under the law. The police cannot take these rights from you, and if they do violate them by making a wrongful arrest or neglecting proper procedure, the charges against you may be dropped.

Under the U.S. Constitution, you have the following rights:

  • The right to remain silent and not incriminate yourself.
  • The right to hire a lawyer or have one provided for you by the state.
  • The right to a fair trial before your peers.
  • Protection against improper search and seizure.

Contact a New Jersey Criminal Defense Lawyer

If you were arrested, taken into police custody, and questioned, you should have received a reading of your rights. If the police failed to do this, a skilled and experienced criminal attorney may be able to have related evidence excluded from consideration of your case.

An experienced New Jersey criminal defense lawyer can help to explain your rights and your options during questioning, your hearing, and your trial. To speak with an attorney about your criminal charges and organizing your legal defense, contact the Law Office of Jason A. Volet at (732) 863-5050.

 

How Can a Criminal Defense Lawyer Help Me?

With a multitude of internet resources and books available regarding how the law works, many people believe that they are capable of handling their own defense if charged with a crime. However, even minor criminal convictions can have significantly greater effects than a person may first realize. Additionally, criminal defense cases can prove complicated in some cases, virtually requiring professional legal help.

When you are arrested for a crime, the prosecution will likely take an aggressive stance to try to convict you as quickly and as severely as possible. You need an experienced New Jersey criminal lawyer who understands your rights and criminal charges and can fight back in your defense. A criminal attorney can help you through all steps of your criminal case, from advising you during police questioning to gathering evidence and testimony in your defense.

How Can a Criminal Defense Lawyer Help Me?

Attorneys can provide invaluable services during a person’s criminal defense case. Some defendants may not see the point in hiring an attorney, however. This is especially the case if they intend on pleading guilty or don’t believe that the penalties are serious enough to warrant a legal advisor’s help. However, a lawyer can provide the following important services:

  • Work through important legal procedures and paperwork.
  • Prepare a strong legal defense against a criminal charge.
  • Take some of the burden of dealing with legal problems.
  • Provide advice when difficult decisions arise.

Even seemingly minor criminal charges can have long-term consequences for a person, making his or her criminal defense case all the more important.

If you’re facing criminal charges and are thinking about representing yourself in court, you may want to at least speak with an attorney first to learn more about your options. For a confidential consultation, contact me today. Once I have learned about your case I can explain the options available.

Having a knowledgeable, competent lawyer on your side during your criminal trial can make all the difference in your case. Our New Jersey criminal defense attorneys understand the ins and outs of the criminal system and will work aggressively to pursue a favorable resolution for your case.

What to Look for in a Criminal Defense Attorney

When a person is facing prosecution for criminal charges, they may want to find a legal defender who can provide a strong defense for their rights. The criminal defense process can be particularly complex at times, making it all the more important for a legal defender to have a strong understanding of the law and how to use it to defend a client. With this in mind, it’s important for a person facing criminal accusations to find a worthwhile attorney.

There are thousands of criminal defense attorneys in the state of New Jersey, making the choice of picking a single representative more difficult. However, there are some important indicators that a person may want to look for when searching for legal help. These things include:

These important pieces of information can help a person get a clearer picture of who an attorney is and how capable they are of successfully working with clients.

Who is the Best New Jersey Criminal Defense Lawyer for Your Case?

When searching for the best New Jersey criminal defense lawyer for a case, people often turn to the Internet to look for search rankings or some other type of objective criteria, such as a list. As with all professions, there is not a single objective measure of what constitutes the “best.” There are, however, certain criteria that may be important for you or your case, such as the following:

Certification by the Supreme Court of New Jersey as a Criminal Trial Attorney

In New Jersey, experienced criminal trial lawyers can apply to be certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. To learn more about New Jersey criminal trial attorney certification, please read the articles on this site. Certification requires meeting a number of standards, including recognition by other attorneys. I am one of a limited number of attorneys in New Jersey who have been certified by the Supreme Court of New Jersey as a Criminal Trial Attorney.

Litigation and Trial Experience

Another aspect to consider in choosing a criminal defense lawyer is the amount of experience that the lawyer has. I have been an attorney focused on criminal law matters for more than 15 years, and have worked on more than 2000 cases, starting as a former Assistant Prosecutor in Monmouth County. Having formerly served as a prosecutor, I know what it’s like to practice criminal law as both a prosecutor and defense attorney.

Trust and Dedication

Criminal matters are serious. If you’ve been charged with a crime, you need an attorney not only whom you can trust, but one who will work tirelessly in seeking to achieve for you the best outcome possible given the facts and circumstances of your case.

I and my firm have the experience, dedication, and trust that are often highly sought after in searches for a criminal defense attorney. We provide all of our clients with tenacious representation and full attention to their matter.

If you need a criminal defense lawyer, we would look forward to meeting with you and learning about the events pertaining to your charge, whereupon we can explain how we can help if we are retained. Please call our firm to schedule an appointment at your convenience.

Never Try to Represent Yourself Against a Serious Criminal Charge in Criminal Defense Case

In the legal world, there is a saying that “A lawyer who represents himself has a fool for a client.” This adage recognizes that even lawyers should retain legal counsel in serious legal matters rather than representing themselves.

If a lawyer, who has the legal education and perhaps many years of legal practice, should retain another lawyer instead of representing himself or herself, so too should non-lawyers retain a lawyer for a legal matter.

In criminal matters, the law is complicated and prosecutors work hard in seeking to convict. They want their conviction rate to be high so that their record looks good. Their job is not to care about how a legal conviction may affect the life or family of a person charged with a crime.

An experienced criminal defense attorney often will have years of practical experience and be in a much better position to advocate strongly and develop solid legal strategy than a person who has no training in the law.

Experienced criminal lawyers know how to spot evidence that may be inadmissible, and how to move to seek that such evidence is never introduced at trial. In the case where the prosecution’s main evidence is likely to be inadmissible, a criminal attorney may remind the prosecutor of the prosecutor’s legal duty to dismiss a case if there is not credible and admissible evidence upon which a conviction may be obtained. Experienced criminal lawyers thus not only focus on winning a case at trial, but also on strategies to have cases dismissed or charges reduced wherever possible prior to trial.

When charged with a crime, you should never try to go it alone.

The stakes are usually too high. If you’ve been charged with a crime, please call our office to schedule an appointment to learn how we may be able to help.

This informational blog post was brought to you by Jason A. Volet, an experienced New Jersey Criminal Defense Lawyer.

How Do Criminal Cases Typically Proceed?

The basic process of a criminal case begins with a defendant being arrested and charged with committing a crime. The government is responsible for proving that there is irrefutable reason to believe that the defendant committed the crime. The following process then takes place:

  • Bail hearing – The defendant appears at a hearing and the presiding judge will decide if the defendant will be let out on bail or kept in custody.
  • Probable cause hearing – The judge will decide if there is enough evidence to support charging the defendant with the crime.
  • Arraignment – This is where the defendant enters the plea, such as guilty, not guilty, or guilty but mentally unstable.
  • Trial – If the defendant pleads not guilty, the criminal trial is often the next step.
  • Acquittal or sentencing – The defendant is acquitted of the crime if found innocent or is sentenced to various penalties if found guilty.

If you are currently facing a criminal case, it is important to consult with a knowledgeable defense lawyer. Contact the experienced New Jersey criminal defense attorneys at the Law Office of Jason A. Volet at 732-503-8968.

This informational blog post was brought to you by Jason A. Volet, an experienced New Jersey Criminal Defense Lawyer.

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