Aggravated assault can be charged if:
- The assault was against an officer, security guard, fireman, or any public official including judges, teachers, certain employees, etc.
- The assault was against a family member
- There was serious bodily injury to the victim
- A deadly weapon was used in the assault
- You threaten someone with a gun or point it at someone
- The assault occurred while eluding or attempting to elude an officer or while resisting arrest
Aggravated assault may be charged as a 2nd degree offense, a 3rd degree offense, or as a 4th degree offense. How you are charged depends upon many things, including:
- The unique circumstances of your crime
- Where the assault took place
- If the assaulted person was a minor or on school property
- If there was bodily injury and if the injury was severe
- If you have a prior history of convictions, or, if other charges are being brought against you at the same time
- The skill and experience of your defense attorney
Second-Degree Aggravated Assault Penalties
- Fines and court costs
- Jail time
- Loss of the right to own or possess a firearm or weapon
- Mandatory anger management classes
- Probation and electronic monitoring
- Restitution to the victim
If the defendant is found guilty of inflicting serious bodily injury, the assault is a second-degree aggravated assault crime subject to 5 to 10 years in prison and a fine of up to $150,000. Also, if the assault occurred while eluding an officer then you can be charged with 2nd degree aggravated assault.
A second-degree aggravated assault conviction invokes a No Early Release (NERA) provision that requires that 85% of the prison sentence must be served before an individual is eligible for parole.
Third-Degree Aggravated Assault Penalties
If a defendant is convicted of 3rd-Degree aggravated assault, they can be sentenced to 3-5 years in prison and be fined up to $15,000.
Fourth-Degree Aggravated Assault Penalties
If a defendant is convicted of 4th Degree Aggravated assault, they can be sentenced to up to 18 months in prison and fined up to $10,000.
Violent Crimes FAQs – Simple Assault and Aggravated Assault Charges & Penalties
- New Jersey Criminal Statutes – N.J.S.A. 2C:12-1.a. Assault (Simple Assault)
- New Jersey Criminal Statutes – N.J.S.A. 2C:12-1.b. Aggravated Assault
- New Jersey Criminal Statutes – N.J.S.A. 2C:43-1. Degrees of crimes
- Aggravated assault jail times: What are the prison terms for aggravated assault?
- Assault and Simple Assault jail times: What are the prison terms for simple assault?