Author Clark & Noonan, LLC
Posted June 16, 2017
Category Assault and Aggravated Assault
Wall New Jersey Criminal Defense Attorneys serving Monmouth County, Ocean County, Middlesex County and all surrounding NJ areas.
Posted: January 28, 2017
Statute 2C:12-1 (b) governs aggravated assault under New Jersey law. If an individual either attempts to cause, or actually does cause, serious bodily injury to another person knowingly or purposefully, he or she may be charged with aggravated assault.
New Jersey law distinguishes between aggravated assault and simple assault based on a few specific criteria. Namely, aggravated assault results in more severe injuries to the alleged victim than simple assault. Additionally, aggravated assault may involve the use of, or simply the threat of the use of, a deadly weapon, such as a gun.
Another way in which an individual may be guilty of aggravated assault is if the individual commits a simple assault against a public servant acting in the performance of his or her duties.
Public servants include:
- Law enforcement officers
- Firemen or firewomen
- Any person engaged in emergency first aid or medical services
- School board members
- Individuals who are employees of the division of youth and family services
- Any justice, judge, or member of the judiciary
- Operators of motorbuses
- Department of corrections officers
Unlike simple assault, which is considered to be a disorderly persons offense, aggravated assault is an indictable offense. This means that unlike simple assault cases, which are usually handled within the municipal court system, aggravated assault charges are handled by the Superior Court in the county in which the alleged crime was committed.
Under N.J.S.A. 2C:12-1 (b), a person can be charged with aggravated assault in the second, third or fourth degree. A person convicted of aggravated assault in the third degree may be sentenced to prison for three to five years. A conviction of aggravated assault in the second degree carries a longer sentence.
Aggravated assault is a very serious crime in the state of New Jersey. Our New Jersey criminal defense lawyers are committed to providing a vigorous criminal defense. Our defense attorneys work hard for each and every client and will aggressively fight your aggravated assault charge.
If you or someone you know is in need of an aggressive team of lawyers, call our New Jersey criminal defense law firm at 732-333-3011, or simply fill out the form located on this page. Clark & Noonan, LLC serves clients in all counties and cities in New Jersey including Monmouth County, Hudson County, Freehold and Jersey City.
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