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New Jersey Aggravated Assault
Aggravated Assault Definition
Aggravated Assault Definition NJSA – 2C:12-1b
A person is guilty of aggravated assault if the person:
A person is guilty of aggravated assault if the person:
(1) Attempts to cause serious bodily injury to another or causes injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or
(2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or
(3) Recklessly causes bodily injury to another with a deadly weapon; or
(4) Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, or in the direction of another, whether or not the actor believes it to be loaded; or
(5) Commits a simple assault on a “member of the protected class”.
What Does Aggravated Mean?
The word “Aggravated” encompasses the following behavior.
A person acted purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life.
Basically, this means that you knew what you were doing when you did and that you didn’t care about any consequences.
A person acted purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life.
Basically, this means that you knew what you were doing when you did and that you didn’t care about any consequences.
What Is Serious Bodily Harm?
N.J.S.A. 2C:11–1b defines “Serious Bodily Injury” as “bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
Explainer Video
Aggravated Assault charges in New Jersey are felonies.
If you’re facing Aggravated Assault charges, it’s important to understand two things:
1. The extent of your victim’s injuries; and
2. Identifying whether the victim in your case is a member of a “protected class”.
Important: Was the victim a protected class?
IMPORTANT: If you are charged with Simple Assault on a certain member of society, then you will be charged with Aggravated Assault.
Protected members of our society include law enforcement, firefighters, EMT personnel, school teachers, bus drivers, and many more.
For example, you will be charged with Simple Assault in New Jersey if you slap your next-door neighbor.
However, you will be charged with Aggravated Assault in New Jersey if you slap a police officer.
It’s the same “slap” but depending on the “who the victim” is, you face Simple Or Aggravated Assault Charges.
Just a few of the Aggravated Assault Cases we Handled
One Newark client got into a confrontation with his coworker. They exchanged words & the situation quickly escalated to blows. He was charged with aggravated assault, terroristic threats, and harassment. We asserted self-defense & successfully got him into a diversionary program.
Another client in Hackensack got charged with both aggravated assault & aggravated sexual assault and stalking. The victim was his girlfriend & through our investigation, we discovered evidence which weakened the government’s case. As a result, we were able to reduce his first-degree charges to fourth-degree charges. As a result, he avoided serving a 60-year prison sentence.
Is It a Felony?
Aggravated Assault is a felony.
This type of crime is committed in many forms and the degrees of punishment vary.
Whenever you cause someone to suffer serious bodily injury, you will be facing felony charges.
Things get worse if you use any type of weapon. It does not have to be a gun.
You can get charged with aggravated assault even if you did not intend to hurt anyone.
Under New Jersey’s Aggravated Assault law, you will be held responsible for your “reckless actions” or if your actions “manifested an extreme indifference” to the value of human life.
2nd-Degree
You are guilty of 2nd-degree aggravated assault if you:
- Attempted to cause serious bodily injury to another or caused such injury purposely or knowingly or under circumstances showing extreme indifference to the value of human life.
- Caused bodily injury to another while fleeing or attempting to elude a law enforcement officer or while operating a motor vehicle without the owner’s consent.
- Caused significant or serious bodily injury by knowingly or purposely starting a fire or causing an explosion that resulted in injury to any responding emergency services personnel.
2nd-Degree Penalties
If you are convicted of a second-degree crime in New Jersey, you face:
- a potential fine of up to $150,000;
- a prison term of five to 10 years; and
- under the No Early Release Act (NERA), you must serve at least 85 percent of your sentence before you can be eligible for parole.
3rd-Degree
You are guilty of 3rd-degree aggravated assault if you:
- cause an injury either attempt to cause significant bodily injury or actually cause such injury, purposely or knowingly or recklessly, under circumstances manifesting extreme indifference to the value of human life (third-degree crime)
- cause bodily injury to any emergency services personnel who are either responding to or helping put out a fire that occurred because a defendant knowingly or purposely started a fire or caused an explosion (second-degree crime or third-degree crime, depending on injury).
- knowingly, under circumstances manifesting extreme indifference to the value of human life, point or display a firearm at or in the direction of a law enforcement officer (third-degree crime)
- knowingly point, display or use an imitation firearm at or in the direction of a law enforcement officer for the purpose of intimidating, threatening, or attempting to put the officer in fear of bodily injury or for any other unlawful purpose (third-degree crime)
- use or activate a laser sighting system or device (or an object that a reasonable person would believe is a laser sight) against a law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority (third-degree crime).
- purposely drive a vehicle in an aggressive manner at another vehicle and bodily injury results (third-degree crime or fourth-degree crime, depending on injury).
3rd-Degree Penalties
If you are convicted of a third-degree crime in New Jersey, you face:
- a prison sentence of three to five years; and
- a fine up to $15,000, or both.
4th-Degree
You are guilty of 4th-degree aggravated assault if you:
- Recklessly caused bodily injury to another with a deadly weapon.
- Knowingly under circumstances showing extreme indifference to the value of human life pointed a firearm at or in the direction of another, regardless of whether you believed the gun was loaded.
- Committed a simple assault upon an institutionalized elderly person when you were employed by a nursing home or similar long-term care facility.
- Committed a simple assault upon another at a school or community-sponsored youth sports event while in the presence of a child under age 16.
4th-Degree Penalties
If you are convicted of a fourth-degree crime in New Jersey, you face:
- a prison sentence up to 18 months: and
- a fine up to $10,000, or both.
Aggravated Assault with a Deadly Weapon
If you cause injury to someone with a “deadly weapon”, you will be facing aggravated assault charges.
Simply pointing a gun at someone is aggravated assault.
Even if the gun is unloaded or it is a toy gun, it does not matter.
The simple act of pointing a firearm at or in the direction of another person means that
you are manifesting extreme indifference to the value of human life.
It does not matter that you did not intend to harm anyone.
Deadly Weapon Defined: NJSA§ 2C:11-1.
Deadly weapon means:
- any firearm or other weapon,
- device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury;
- or which in the manner it is fashioned would lead the victim reasonably to believe it to be capable of producing death or serious bodily injury;
Aggravated Assault with a Bodily Fluid
You are guilty of Aggravated Assault with a Bodily Fluid if you:
- throws a bodily fluid at a Department of Corrections employee,
- county corrections officer,
- juvenile corrections officer,
- State juvenile facility employee,
- juvenile detention staff member,
- probation officer,
- any sheriff, undersheriff or sheriff’s officer or any municipal,
- county or State law enforcement officer while in the performance of his duties or otherwise purposely subjects such employee to contact with a bodily fluid commits aggravated assault.
Note: If the victim suffers bodily injury, this shall be a crime of the third-degree.
Otherwise, this shall be a crime of the fourth-degree.
Aggravated Assault By Auto
- You are guilty of assault by auto if you cause injury by driving in an aggressive manner:
Driving a vehicle in an aggressive manner includes, but is not limited to:
- unexpectedly altering the speed of the vehicle;
- making improper or erratic traffic lane changes;
- disregarding traffic control devices;
- failing to yield the right of way, or following another vehicle too closely.
*You commit simple assault against certain persons given special protection by New Jersey law due to their occupations (third-degree crime or fourth-degree crime, depending on injury).
Assault by auto or vessel is a crime of the second degree if:
you cause serious bodily injury while you are operating the auto or vessel while driving drunk:
you cause serious bodily injury while you are operating the auto or vessel while driving drunk:
- on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;
- driving through a school crossing if the municipality, by ordinance or resolution, has designated the school crossing as such; or
- driving through a school crossing knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.
What's the difference between simple & aggravated Assault?
We have devoted an entire article and explainer video for this question.
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.
Areas We Serve
Our Hackensack criminal lawyers represent clients in Bergen County & nearby counties & cities.
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:
Melissa d
00:29 06 Jan 22
Chung Lin
03:35 12 Nov 21
Alexandra Pena
01:03 22 Oct 21
From the very start of hiring Mr. Peyrouton to represent my son’s case in court, he reassured me that he and Samera would be available at any time if I had any questions or concerns along the way and he followed through on that. I am very satisfied with his services and the outcome of the case. He went above and beyond by also making sure there would be no legal long-term repercussions for my son. I appreciate his swift handling of the whole situation...I most definitely recommend Peyrouton Law!!
Gloria Brown
20:40 13 Sep 21
I spoke with Samira and she is the best. I can't think her enough for her time and understanding. I was so lost about this case thats hurting me and my family. I truly thank her not many will explain nor take the time without a fee. Samira if you ever become an attorney... You Are Hired 👊👍 I thank this firm for having a great person on their team.
Raul Yas
18:24 07 Sep 21
Alan was incredible in helping me interpret and understand a real estate related business agreement that required my attention. I simply could not have done it with out him. The service was very speedy and attentive. I highly recommend Peyrouton Law for your legal needs.
Johanna Mejia
17:49 03 Sep 21
Stephen Hanley
15:24 03 Aug 21
I spoke with a wonderful woman named Samira she was extremely informative. Handled the matter I called her about professionally and quick. She quoted me a very reasonable price for the work their firm would have to do. I would recommend this law office for anyone looking for a good lawyer.
Daniel Tirado
00:51 27 Jun 21
I am just so appreciative Peyrouton Law was able to help me through this tough time. I Am extremely satisfied and would definitely recommend them to anyone stuck in this same situation.
Jose Akamacho23
09:34 04 Jun 21
Samera is by far the best woman for the job. Almost immediately as I called the office she handled it very efficient and got the job done. I recommend for any tickets you have. She is very responsive and has the answers to any question you have, just in general a woman of her word and a great person overall! The process was very patient and well done.
chris conforti
21:29 01 Jun 21
Samera pays attention to every detail regarding your case. She was very responsive and always there with the answers to any questions you may have. Alan was very professional and knowledgeable about all aspects in regards to my simple assault case. He was always responsive to phone calls and had all the right answers. Case was dismissed in court!
