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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.
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Our Hackensack criminal lawyers represent clients in Bergen County & nearby counties & cities.
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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:
Dan kim
20:00 02 Jul 20
Initially, I thought our case was very minor. Come to find out that our situation was actually more complicated and would have had serious consequences had Peyrouton Law not taken our case. From beginning to end, we had peace of mind working with Samera and that we were in good hands and we were taken care of every step of the way. I cannot recommend this firm highly enough. Their professionalism, competency, responsiveness and integrity clearly set them apart from other firms. If you need legal counsel, you must contact Peyrouten Law first!
Junior Garcia
17:03 29 Jun 20
The greatest law firm I ever went to!! They handle my situation fast and easy!! Would recommend to anyone!
lea johnson
15:24 25 Jun 20
I can’t say enough great things about Alan and his team at Peyrouton Law. Hiring him was the best decision I could have made in terms of representation in court. His years of experience practicing criminal law in New Jersey make him such a valuable asset to any client. He’s well aquatinted with individuals that work in the court system and he genuinely cared about my case. He took the time to get to know me and advocated on my behalf to the prosecutor and judge. If you are lucky enough to hire Alan, rest assured there are no hidden fees or additional charges for phone calls and emails. Alan and his were always available to answer any questions I had. He was upfront about the expectations of my case and I couldn’t be more pleased with the outcome. To anyone reading this review, I strongly encourage you to hire Alan. 🙂
Edie Nolan
21:52 18 Apr 20
The office of Peyrouton Law Helped my family so much, I can't put it into words how much. The day we walked into the office we explained our situation to Alan and his associates and they took on our situation like we were family.
Edward Estupinan
18:04 09 Mar 20
The Peyrouton Law firm is the place to go to if you need great representation. Extremely knowledgeable, honest and prompt. Alan and Kevin got our family through a very difficult and emotional matter quickly and with ease. The office was highly professional, responsive and compassionate. They kept us informed and advised us wisely throughout the entire process. I highly recommend this firm. Karen & Ed E.
traviscp longendyke
15:41 04 Feb 20
Hey, this is Travis. Hope all is well with you guys. I just wanted to reach out and truly thank you guys for everything you did for me and my family and also believing in me at a point when I barely believed in myself. I am off the "conditional probation", and everything is over with. We have our three little beautiful girls (which The youngest just turned one a few days ago), we both have amazing jobs where we are very blessed to be making what we are making for our family, and we are in the process and about to go into contract with buying our first home (a BEAUTIFUL 400,000 dollar home).... Lizzy and myself just wanted to truly thank you guys for believing in me and doing everything you could so I can be in this amazing spot in life that my family is in. I owe a lot of this to you guys and I hope you know what you do does not go unappreciated and you guys are making a huge impact and you guys are a huge help on certain people's lives. This above was a text message that I just sent to Alan and Kevin. For anyone who is looking for AMAZING people to represent you, that will literally do anything and everything they can for you to receive the best outcome, then these are the people you want, I PROMISE you that. They literally made miracles happen on my multiple cases. Alan from day one made me promise him that I would do everything I could to better my life. I did that and in return I received the most amazing lawyers who went above and beyond for me and my family. I couldn’t of created a better pair of lawyers to represent me. If anyone is looking for great results on your case please give Alan and Kevin a shot and I promise you (because I owe a lot of my success right now to these men) that you will not be disappointed and they will do everything they can for you.
Jose Nose
22:17 03 Feb 20
Alan and Kevin helped me avoid prison on huge drug charges. Then, they beat my DUI case. They’re the perfect combination of aggressive and humble lawyers. Fees are very reasonable and they really cared about me. I totally recommend. My lawyers for life.
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00:32 01 Feb 20
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18:07 23 Jan 20
MY LAWYERS FOR LIFE!!!!!Alan and Kevin are the Best!!!!!!Most genuine lawyers I’ve ever met...they were very detailed and kept me informed about the process every step of the way... These guys have a genuine passion for law and will work endlessly to ensure a favorable outcome... they treat you like family which is what everyone needs when faced with a situation...
Erico Pilates
03:18 16 Jan 20
Thank you Dr Peyrouton for your professional advice on my closing issue and for helping me with my litigation case. I am super grateful for a speedy successful outcome on this process.