Aggravated assault is a serious violent offense under New Jersey law. Police and prosecutors vigorously pursue convictions in aggravated assault cases, and a conviction can result in jail time, substantial fines, and a criminal record. However, a criminal charge does not automatically lead to a conviction, especially with an experienced criminal defense lawyer on your side.
The Law Offices of William C. Fay IV has a successful track record of taking on tough criminal cases and developing effective defense strategies. For example, in one second-degree aggravated assault case, Attorney William Fay secured a dismissal for a client despite the client’s prior criminal record and incriminating statements made to detectives. Although past results do not guarantee future success, this case demonstrates Mr. Fay’s commitment to pursuing strong defenses for his clients.
Born and bred in New Jersey, Mr. Fay has over a decade of criminal legal experience and a fierce commitment to protecting clients’ rights throughout the legal process. If you are facing assault charges in Ocean County, contact us today for a free consultation with an experienced aggravated assault defense lawyer.
What Is Aggravated Assault Under New Jersey Law?
In New Jersey, an aggravated assault typically involves causing or attempting to cause serious injuries or recklessly injuring others with dangerous weapons or devices. Aggravated assaults can also arise from simple assaults committed against protected individuals like police, firefighters, or healthcare workers.
Types of Aggravated Assault Charges
A person may face an aggravated assault charge under N.J.S.A. § 2C:12-1(b) for varying types of conduct, such as:
- Attempting to cause serious bodily injury
- Purposely or knowingly causing injury under circumstances showing extreme indifference to human life
- Recklessly causing bodily injury with a deadly weapon
- Knowingly pointing a firearm (whether loaded or unloaded) at another person under circumstances showing extreme indifference to human life
- Causing injury while fleeing or eluding law enforcement
- Causing injury by knowingly or purposely starting a fire or causing an explosion, which results in injury to emergency services personnel
- Knowingly pointing a firearm at a law enforcement or police officer under circumstances showing extreme indifference to human life
- Knowingly pointing an imitation firearm at a law enforcement officer with the intent to intimidate, threaten, or cause the officer to fear injury
- Using or activating a laser sighting system, or a device reasonably perceived as one, against a law enforcement officer acting in the performance of their duties
- Attempting to cause or causing severe injury to a domestic violence victim under circumstances showing extreme indifference to human life
- Knowingly or recklessly obstructing a domestic violence victim’s breathing or blood circulation by applying pressure to the throat or neck or blocking their nose or mouth, thereby causing or attempting to cause injury
- Committing a simple assault against protected persons (e.g., first responders, law enforcement, school administrators and employees, judges, healthcare workers, etc.)
Under the New Jersey Courts’ model jury charge, “extreme indifference to the value of human life” generally refers to circumstances in which a defendant’s reckless conduct creates a probability, rather than merely a possibility, of serious bodily injury.
Factors That Can Increase the Severity of the Charge
Under New Jersey’s aggravated assault law, a convicted defendant could face mandatory prison time or enhanced penalties for their offense due to circumstances such as:
- Causing serious bodily injury to a law enforcement officer while committing an aggravated assault against them
- Causing significant or serious bodily injury to emergency services personnel by starting a fire or causing an explosion
- Causing or attempting to cause significant bodily injury to a domestic violence victim according to the statute
Aggravated Assault vs. Simple Assault
In contrast to aggravated assault, a person may commit simple assault in Ocean County if they:
- Attempt to injure another person or purposely, knowingly, or recklessly injure someone else
- Negligently injure someone with a deadly weapon
- Attempt to put someone in fear of imminent serious injury
Furthermore, unlike aggravated assault, which constitutes an indictable crime, New Jersey generally grades simple assault as a disorderly persons offense (or petty disorderly persons offense for a mutual altercation). A simple assault lawyer from the Law Offices of William C. Fay IV can review your case to determine whether you might face an aggravated assault or simple assault charge.
What Happens After an Aggravated Assault Charge in Ocean County?
When Ocean County prosecutors bring an aggravated assault charge against a defendant, the criminal process goes through several stages. After an arrest or a complaint is issued, the individual will appear before a judge for the first time. The judge will inform the defendant of the charges and their right to legal counsel. During this time, the court will also address pretrial release, and the prosecution may request detention pending trial.
Since aggravated assault is generally an indictable crime (felony offense), the case may then go to a grand jury. If jurors believe there is sufficient evidence to support the charge, they may return an indictment. The case then moves to the Superior Court of New Jersey, Law Division, Criminal Part, Ocean County, where prosecutors and criminal defense attorneys exchange evidence, file motions, and discuss potential plea agreements, reduced penalties, alternative dispositions (like diversionary programs), or even dismissal. The options available in your situation will depend on the facts of the case, the strengths of the evidence, and factors like whether you have a prior criminal history.
Defenses Against Aggravated Assault Charges
A violent crimes attorney can help you pursue defense strategies to fight an aggravated assault charge in Ocean County. Some of the most common defenses used in aggravated assault cases include:
- Self-defense
- Lack of intent
- Lack of serious injury
- Mistaken identity
A solid defense against an aggravated assault charge may use various kinds of evidence to assert a specific argument, including police reports, eyewitness statements, surveillance video, cell phone footage, and medical records. After reviewing the circumstances, an experienced criminal defense attorney can identify the evidence and arguments needed to support your case.
Penalties for an Aggravated Assault Conviction in Ocean County
New Jersey law grades aggravated assault as a second-, third-, or fourth-degree crime, depending on the specific nature and circumstances of the offense. Under N.J.S.A. §§ 2C:43-6(a) and 2C:43-3(a)-(b), the ordinary sentencing ranges and maximum fines for these degrees include:
- Second-degree crime: 5 to 10 years in prison and a fine of up to $150,000
- Third-degree crime: 3 to 5 years in prison and a fine of up to $15,000
- Fourth-degree crime: Up to 18 months of incarceration and a fine of up to $10,000
How William Fay Defends Aggravated Assault Cases in Ocean County
As a former Deputy Attorney General with the New Jersey Office of the Attorney General, Mr. Fay knows how the state approaches, strategizes, and develops criminal prosecutions. He can leverage that knowledge for you in Ocean County by building a defense with those local courts and court personnel in mind.
When defending you against aggravated assault charges in Ocean County, Mr. Fay will:
- Explain the charges and potential outcomes to you so that you can make informed decisions
- Investigate the case to recover all available evidence and relevant witness testimony
- Review the facts and circumstances to assess the prosecution’s case and identify potential defenses
- Negotiate with prosecutors when appropriate to seek a favorable plea agreement, including potentially reduced charges or sentencing recommendations
- Explore alternatives to incarceration that may be available under New Jersey law, including probation or, when legally eligible, participation in the Pretrial Intervention Program (PTI)
- Vigorously fight for your interests, even if that means going to trial
- Providing you with approachable counsel as your case moves through the legal system
As one client wrote of their experience with our firm:
“Attorney William really knows his stuff. He is an honest, excellent attorney. He was very informative and handled the case with the highest level of care and professionalism. He cares about people, not just the money. I would highly recommend him to anyone. And if needed will definitely use him again. Thanks, Bill, for all the help!” — Sean H.
Speak With an Ocean County Aggravated Assault Defense Lawyer
Don’t make the mistake of going up against the criminal justice system on your own. Instead, contact the Law Offices of William C. Fay IV today for a confidential and free consultation with a proven aggravated assault lawyer, and let us fight for the fair outcome you deserve.