3rd-Degree Aggravated Assault

3rd-Degree Aggravated Assault Overview

3rd-degree aggravated assault charges carry between 3-5 years in prison. This is an indictable offense in New Jersey & a conviction will stay on your record for years. Criminal convictions affect your ability to get & maintain employment. Our Hackensack criminal lawyers have extensive experience in representing clients charged with 3rd-degree aggravated assault.

If you are searching for a criminal lawyer near you for representation, please take advantage of our free consultations.

3rd-degree Aggravated Assault Penalties

Aggravated assault in New Jersey is either a second, third, or fourth-degree crime.

Second Degree Crime: 5-10 Years in Prison & Up to $150,000 Fine;

Third Degree Crime: 3-5 Years in Prison & Up to $15,000 Fine;

Fourth Degree Crime: Up to 18 Months in Prison & Up to $10,000 Fine

3rd-degree aggravated assault & Protected Classes

If you commit a Simple Assault on a member of a “protected class” you will automatically be charged with 2nd or 3rd-degree Aggravated Assault. This means that if you slap a cop, you will face felony charges regardless of the injury to the cop.

To help you understand the concept of “protected classes”, we included this short video.

Legal Defenses

Mistake of Fact

A legal defense to 3rd-degree aggravated assault may involve a situation where you committed a simple assault on a member of a protected class but had no idea that the alleged victim was a member of the protected class.

For example, our  New Milford was charged with 3rd-degree aggravated assault in Bergen County because he slapped a police officer. However, the police officer was not on duty, was not wearing a uniform, did not flash a badge, and did not announce himself to be a police officer.

Our client got charged for hitting a cop but no reasonable person could have known that he was a police officer.

We successfully got his charges out of felony status and remanded to Municipal court. He ultimately got into the Conditional Dismissal program & his charge was eventually dismissed.

Self-Defense

Self-defense involves a situation where you were genuinely in fear of your life. You felt threatened and injured someone because it was the only option you had. Escape was not an option and your only choice was to do what you did.

We represented a Hackensack client who was facing 3rd-degree aggravated assault charges that arose from a bar fight. He was at a bar when a drunken brawl broke out and his attacker grabbed him from behind. Our client could not see or identify his attacker and the only option he had was to bite his attacker in order to break free.

After conducting a thorough investigation we obtained surveillance footage proving that our client acted in self-defense. As a result, his charges were dismissed.

Defense of Others

This legal defense is available to you if you were acting to protect another. For example, an intruder breaks into your home and you reasonably believe that he/she will harm your family members. It is not only reasonable to expect that you would defend your family but many would argue that you must defend your family.

Our Experience

You or a loved one have been arrested. Understandably, you are terrified & have a lot of questions. You’ve heard about plea bargains & probation, but the process is overwhelming. You want a local attorney near you to represent you.

Mr. Peyrouton is from Ridgewood & handles all types of criminal matters in New Jersey complex as well as nearby cities. The New Jersey Law Journal recently published one of his articles on the subject of criminal law.

How We Can Help

Regardless of the criminal charges you are facing, we are here to defend & protect you. Whether you are facing a restraining order, drug charge, theft charge, or aggravated assault charge, we are here to help you. Even a DWI case can really complicate your life.

If we can’t get your charges dismissed, we can either get them downgraded or place you in a diversionary program. The point is, our criminal defense lawyers will fight tirelessly to get you the best result possible. Take advantage of our free consultation to see how we can help.

Get Help With Your Case

How Do Your Free Consultations Work?

There are plenty of excellent Hackensack criminal lawyers in our area. Most, if not all of them, offer free, 20-minute, consultations. However, our free consultations do not have a time limit. You will never feel rushed.

The best way for us to help you is to patiently listen to your side of the story. Your version of events will serve as the basis for your legal defense. It is during these initial meetings that your memory of the event is fresh in your mind. Why we would rush you during such an important aspect of your case.

We understand that your choice of attorney could mean the difference between your freedom and spending years behind bars. 

When you hire an attorney, you are entering a long-term relationship. For this reason, it is important that you feel comfortable with the team of Hackensack criminal lawyers that will represent you.

What our clients say about us:

Peyrouton Law
5.0
Based on 148 reviews
Chase Parchment
Chase Parchment
16:16 01 Apr 21
I was in a terrible bind. Police officer trumped up charges, lied and frankly tried to ruin me. I was facing six charges but I knew I was not guilty of anything. Samera was very professional and knowledgeable and helped guide me along. Alan was sharp from day one and in the end, all charges were dismissed. I couldn't be any happier. Not only will I use them if I need to (Though I hope it not), I will recommend Alan to anyone I know in need of counsel. Thank you again.
Alessandra Sawick
Alessandra Sawick
17:14 29 Mar 21
We had a smooth process dealing with the courts thanks to Peyrouton Law office. They are very professional and knowledge and helped us in every step of the way. They really care for the clients and for resolving their cases. I highly recommend their services.
sugoi desune
sugoi desune
18:25 24 Mar 21
I went to this law office when I was in a dire situation and from an affordable cost and an incredibly hardworking law firm my situation was handled with care and saved me a lot of trouble.
Joao limao
Joao limao
18:21 24 Mar 21
Amazing lawyer! He took care of everything while I was able to relax and kept me informed the entire process throughout.
Bruce Lieblich
Bruce Lieblich
17:35 19 Mar 21
Personal attention to detail anytime you callRates are reasonable and his effort is second to noneAlways professional and solid legal guidanceCan help you day or night no stone left unturned
Maria Castillo
Maria Castillo
20:24 15 Mar 21
Thank you Alan and Samera for your wonderful work! This was my first time facing a criminal conviction and you guys were able to help me and support me throughout this process. Alan was able to get the best outcome in this situation and for that I will always be grateful for. I will definitely recommend this law office to anyone facing a hard time with the law. Thank you again!
Jason C
Jason C
04:28 11 Mar 21
I never thought I would need legal assistance for my family, but Alan was awesome. Highly recommend to everyone and would have no problem using his services again. Samera is just a flawless addition to his team. I can't say enough good things about them.
Schumacher Photographs
Schumacher Photographs
18:10 10 Mar 21
This law firm and Samera in particular helped me out of a big jam that was actually a mistake NDMV made. NJ thought my car insurance lapsed when I moved out of state so they suspended my license which meant I could not get my car registered in my new state AND couldn't get my license updated nor could I go to dmv since I moved cross country. I answered every letter NJDMV sent me registered receipt mail with ALL the proof my vehicle NEVER had a lapse but they ignored all my correspondence. The office manager at Peyrouton Law, Samera handled everything. ONLY through her tenacity and persistence did this issue get resolved. NJDMV lifted the suspension so I could move forward where I currently live. This girl is dead on it! Thank you soo much Samera and Alan! Harry S.
B J
B J
17:00 17 Feb 21
Crashnburn973
Crashnburn973
23:01 15 Feb 21
So far so good....no complaints here...Very good people
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A person extorts if he purposely threatens to:

a. Inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense;
b. Accuse anyone of an offense or cause charges of an offense to be instituted against any person;
c. Expose or publicize any secret or any asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute;
d. Take or withhold action as an official, or cause an official to take or withhold action;
e. Bring about or continue a strike, boycott or other collective action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;
f. Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or
g. Inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person.

***It is an affirmative defense to prosecution based on paragraphs b, c, d or f that the property obtained was honestly claimed as restitution or indemnification for harm done in the circumstances or as lawful compensation for property or services.

Reasonable Articulable Suspicion

Reasonable suspicion is a “search” standard that applies in criminal law.

When a police officer conducts a warrantless search, and does not have probable cause to justify the search, the courts look to see if the police had
a “reasonable & articulable suspicion” for the search.

A mere “hunch” is not enough.

In other words, a police officer has to provide an acceptable explanation for the search.

United States Constitution

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

NJSA - 2C:43-7.2.
Eligibility for parole;
persons convicted of certain violent crimes

a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole.


b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3 or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.


c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time he completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant’s release from incarceration. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions

Felony Degree

Prison & Fines

Examples

First-Degree

1st-degree felony charges in NJ are reserved for the most serious criminal offenses. Prison terms start at a minimum of 10 years in prison.

Second-Degree

2nd-degree felony charges carry 5-10 yrs in prison.
These charges can often be “downgraded” to 3rd or 4th-degree crimes.

Third-Degree

3rd-degree felony charges carry 3-5 years.
You have a good shot at PTI if you are charged with a 3rd-degree.

Fourth-Degree

4th-degree felony charges carry up to 18 months in jail. These cases can get “remanded” to a lower court. In this way, you will be out of “felony” danger.