A criminal conviction for aggravated assault can have a major impact on your life. It will appear on your record and can be a big problem when you apply for jobs or try to rent an apartment. If you get convicted, it may also be difficult to get loans or credit cards. A skilled New Jersey aggravated assault lawyer can help you fight the charges and get them expunged from your record so that you can start over with a clean slate.
New Jersey prosecutors can elevate assault charges to aggravated assault, which is an indictable offense (a felony), depending on the severity of the injury, who was injured, and whether there was a weapon involved. For example, simple assault can escalate to aggravated assault if the victim is a law enforcement officer, fireman, school teacher, or any other public official. Pointing a gun at a police officer can be charged as third-degree aggravated assault even if no shot is fired. The state’s concertedly broad definition of “deadly weapon” includes everything from firearms to broken glass bottles, chairs, and other everyday items. Consult an aggravated assault lawyer today for legal advice and more information.
There are several possible defenses to aggravated assault charges in New Jersey, including self-defense and defense of other people. In order to use the self-defense defense, you have to prove that you were threatened and that you were reasonably afraid for your own safety, with the guidance of an aggravated assault lawyer. This means that you feared that the attack would have been much more serious without your actions and that there was no other choice but to use force. You can also defend yourself by claiming that you were protecting your property. This is similar to the self-defense claim, except that you have to show that you feared illegal invasions or attacks on your property and that you had no other choice but to protect it with force.
To be convicted of the second-degree offense of aggravated assault with a deadly weapon, you must have intended to cause serious bodily injury or disfigurement. Serious bodily injury is defined as any injury that creates a substantial risk of death or that causes permanent and significant impairment of the function of any body part. This is a very serious charge that can result in a long prison sentence if you are convicted.
You may be able to fight the aggravated assault charges against you by participating in New Jersey’s Pre-Trial Intervention program. This is a diversionary program that can help you avoid criminal prosecution if you are willing to undergo counseling and community service. You can learn more about this program and find out if you qualify by consulting with an aggravated assault lawyer. Contact us today to schedule a consultation with our aggravated assault lawyer team. They will evaluate your case and explain all of your options for defense.
Whether you are accused of second-degree or fourth-degree aggravated assault, a conviction for this violent offense can ruin your reputation, rob you of your livelihood, and leave a mark on your record that may follow you around for years to come. That is why it is essential to hire an experienced criminal defense attorney, an aggravated assault lawyer, as soon as possible to begin building your New Jersey aggravated assault defense strategy.
If you have been charged with a crime of this nature, contact me immediately for the legal representation that you need and deserve. The sooner an aggravated assault lawyer starts working on your case, the better our chances of securing an acquittal or a dismissal.
Assault is a common crime that can occur in any number of ways, whether it is punching someone, accidentally nicking them with a knife while recklessly waving it around, or even simply threatening to hurt them. It does not matter if the person you hurt is a family member, a coworker, or a friend—any type of physical harm can be considered an assault in the state of New Jersey.
While simple assault is typically charged as a disorderly persons offense and handled in municipal court, an aggravated assault case can be elevated to felony status depending on the severity of the injury sustained by the victim or who the defendant struck. For example, an attack that targets a law enforcement officer or fireman would be considered aggravated assault because the perpetrator is not only targeting a civilian but also putting their lives at risk.
One of the most effective ways to defend against aggravated assault charges is to show that you were acting in self-defense or in defense of others, guided by a skilled aggravated assault lawyer. This means that you believed that you were in danger of being seriously injured or killed, and the level of force used was proportional to the perceived threat.
Another defense that can be used in aggravated assault cases, as advised by an experienced aggravated assault lawyer, involves sexual penetration. For example, you could claim that you were defending yourself against a rapist who was attempting to sexually penetrate or assault you in a non-consensual manner.
There are a variety of other ways that our firm can build a winning aggravated assault defense for your case. For more information, schedule a consultation with our New Jersey Aggravated Assault Lawyer by calling our office today.
In New Jersey, there is a distinction between simple assault charges and aggravated assault. An aggravated assault lawyer can help you understand the legal nuances and potential consequences. Aggravated assault is an indictable offense (felony level) that is heard in Superior Court and can carry significant prison time and fines if convicted. A felony record can also impact your career, relationships, and reputation for the rest of your life. If you have been charged with aggravated assault, a good criminal defense attorney, an aggravated assault lawyer, can help you minimize the consequences of a conviction.
The New Jersey Statute defines aggravated assault as the act or attempt to cause serious bodily injury. Serious bodily injury is defined as any injury that creates permanent disfigurement, loss, or impairment of the function of any body part or organ, and a substantial risk of death. The degree of injury is also important. A conviction for fourth-degree aggravated assault carries up to 18 months in jail and a maximum $10,000 fine.
An additional factor that the prosecutor must consider is whether a weapon was involved. The state defines a weapon as anything that could be used to inflict injury, including a firearm, but also knives, axes, chairs, tables, and other common objects.
If you use a weapon or attempt to use a weapon, the charge is upgraded from simple assault to third or fourth-degree aggravated assault. The state must prove beyond a reasonable doubt that you were in possession of the weapon or attempted to use it.
Can an aggravated assault lawyer help? A criminal defense strategy that may be effective in an aggravated assault case is a claim of self-defense. This is based on the belief that if you feared for your safety or the safety of another, you were justified in using force to protect yourself or someone else.
The status of the victim is another factor that can reclassify an attack from simple assault to aggravated assault. The law provides special protection for certain categories of people, such as police officers, firefighters, emergency medical responders, and public school employees. A conviction for assaulting any of these individuals will automatically be elevated to aggravated assault.
If you are facing an aggravated assault charge, our experienced aggravated assault lawyer team can help. We will evaluate your situation and provide a vigorous defense in the court of law. Call us today for a consultation with an aggravated assault lawyer.
Lustberg Law Offices, LLC
One University Plaza Dr Suite 212, Hackensack, NJ 07601, United States
(201) 880-5311