Woodbridge NJ Aggravated Assault Lawyers
Aggravated Assault Charge Defense Attorneys in Middlesex County, New Jersey
Aggravated Assault is a serious indictable offense that, if proven guilty, can carry significant state prison time. Examples of aggravated assault include assault with a deadly weapon, assaulting law enforcement, or any assault as a result of which the victim suffers a considerable injury such as a laceration or broken nose. For these reasons and others, lesser charges such as Simple Assault or Resisting Arrest are often quickly upgraded to felony level aggravated assault charges. Due to the classification of aggravated assault is a felony, such charges, when taken place in Middlesex County, are heard in the Superior Court in New Brunswick. These charges can also be the basis for a Final Restraining Order under the Domestic Violence Act. Therefore, due to the severity of aggravated assault charges, it is important that you avail yourself or your loved on of the abilities of an experienced Middlesex County assault defense lawyer with an understanding of the court system.
Our founding attorney, William A. Proetta, Esq., has successfully handled scores of cases throughout his career including numerous aggravated assault charges. We represent clients who have been charged with aggravated assault throughout Middlesex County, New Jersey including Sayreville, Perth Amboy, Cranbury, Woodbridge, New Brunswick, North Brunswick, South Brunswick, and Avenel. Let us put our knowledge and experience to work for you, contact us today at (732) 659-9600 for a free initial consultation.
How Can A Lawyer Help Me? Real Cases With Real Results
When we take your case, you become our priority, and we do everything we can to deliver the best possible outcome. One client said this about his experience with us:
“MIRACLE WORKER. There are no words to describe what William Proetta did for me. Although I had prior convictions, William Proetta got my most recent case dismissed. He is undoubtedly the best Attorney for hire.” – Tom
For more of Mr. Proetta’s Client Reviews, check out his profile on Avvo.com and contact us anytime to discuss your aggravated assault charges.
What Happens Now That I’m Charged With Aggravated Assault?
Aggravated Assault is always handled by the County Prosecutor’s Office at the Superior Court because it is an indictable offense. However, it can range in degree of crime depending upon various factors that include the extent of injury that the victim has suffered, the age of the victim, the existence and use of a weapon, or if a police officer was injured. It is the prosecutor’s burden to not only prove you are the one who committed the assault but that the alleged injuries can actually be validated and support a charge of aggravated assault rather than the lesser included charge of simple assault. Under some circumstances, your case may be scheduled for a pre-indictment court date in order to try and work out the case early one prior to presenting the charges to a grand jury. This can sometimes afford you a great opportunity secure a downgrade or Pre-Trial Intervention early on.
What Is Aggravated Assault & What Are The Penalties ?
Aggravated assault charges are described in section N.J.S.A. 2C:12-1b(1) of the New Jersey Criminal Code. But to save you the time of a long boring read, we can tell you that basically aggravated assault is when an ordinary simple assault charge becomes exasperated because you used a weapon, the victim suffered a serious injury, or the victim was a cop. A conviction for aggravated assault will carry state prison time. Under certain circumstances this state prison time could be mandatory or have a stipulation of no parole. For your convenience, we have broken down the three different degrees of aggravated assault charges and their accompanying penalties below:
4th Degree Aggravated Assault
It is a crime of the fourth degree to commit aggravated assault by recklessly causing injury to someone with a weapon. Moreover, aggravated assault to the fourth degree when an individual recklessly points a gun in the direction of another person even if it is unloaded. If one is found guilty of a fourth degree felony, then he or she may be sentenced to state prison for up 18 months, serve a period of probation, incur thousands of dollars in fines, and a be subject to a permanent criminal record.
3rd Degree Aggravated Assault
Aggravated assault to the third degree occurs when one causes or attempts to cause significant bodily injury to another, even if it is done recklessly. The operating element here is not intent, but rather the existence of significant injury. Additionally, it is automatically a third degree aggravated assault crime when a weapon is brandished. For example, if an individual exhibits or points a firearm at another, and causes bodily injury to another with a “deadly weapon” or even use an imitation firearm to intimidate a police officer, then the individual, if guilty, is subject to the penalties of a third degree felony, which carries 3-5 years in state prison and a permanent criminal record.
2nd Degree Aggravated Assault
Under rare circumstances, aggravated assault will be a felony of the second degree if one causes or attempts to cause serious bodily injury to another under circumstances manifesting extreme indifference to the value of human life. The victim of such a crime will suffer an injury such as a broken bone or loss of a limb. Additional circumstances that often give rise to second degree aggravated assault charges occur when the defendant injures someone while in the process of fleeing or eluding the police or when serious injuries are caused by a drunk driver. The latter is referred to as assault by auto. A second-degree felony is punishable by 5 – 10 years in state prison. There is also a presumption of mandatory incarceration in such cases. This is true even in the cases of first time offenders possessing no criminal record.
Contact an Old Bridge NJ Aggravated Assault Attorney for a Free Consultation
Aggravated assault is a very serious charge that has definite and severe potential to alter your life for the worse. Therefore, it is essential that you seek out and retain an experienced aggravated assault defense attorney who will aggressively fight your charges and, if prudent, attempt to negotiate with the prosecutor for a diminished charges or admittance into a diversionary program such as Pre-Trial Intervention. The attorneys at the Law Offices of Proetta & Oliver have extensive experience in handling aggravated assault offenses in Middlesex County and know what it takes to properly defend and beat these charges. To speak with us about your case strategy customized to your facts and needs, contact our office today, conveniently located in Edison by calling (732) 659-9600.