Fines and Prison Terms for Aggravated Assault in New Jersey

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Jersey City & Freehold Attorneys serving Essex, Hudson, Monmouth County, and Nearby NJ Areas


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
  • Parole
  • 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

Wall Township

1514 NJ-138 Suite 3
Wall Township, NJ 07719

Clark, Clark & Noonan, LLC.

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