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.
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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.
About the Author
Jason A. Volet
Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.
