Aggravated Assault Lawyer in Cherry Hill, NJ

You have probably witnessed fights between patrons at bars, sporting events, and in other public venues. The outcomes are typically not that serious, with those involved often suffering nothing more than a few scratches or bruises.

In this situation, a person can still be charged with simple assault. Arguments, domestic disputes, drunken misconduct, and other aggressive behavior can escalate into violent acts that lead to charges of simple assault. Threatening someone with harm may also be considered simple assault.

Simple assault is typically charged as a disorderly persons offense, which is like a misdemeanor in other states. Things can escalate quickly and cause a person to be charged with aggravated assault. In New Jersey, aggravated assault is a serious criminal offense defined under N.J.S.A. 2C:12-1(b). A simple assault is elevated to a more severe charge due to factors like the severity of injury, use of weapons, or the status of the victim.

Many situations can elevate an assault charge to aggravated assault. These include:

• Purposely, knowingly, or recklessly causing serious bodily injury to another person.
• Causing bodily injury to another with a deadly weapon.
• Pointing a firearm at another person, whether or not the firearm is loaded.
• Committing an assault against certain protected individuals while they are performing their official duties.

Under New Jersey law, a deadly weapon is defined as a firearm, material, instrument, or substance that can be used to cause serious injury or death to someone.

Charges and Penalties

Aggravated assault can be a second-degree, third-degree, or fourth-degree offense, based on the circumstances.

An aggravated assault may be charged as a second-degree offense for:

• Causing injury while fleeing a law enforcement officer.
• Starting a fire that causes serious bodily injury to emergency responders.
• Attempting or causing serious bodily injury while showing extreme indifference to the value of human life.

Second-degree offenses are punishable by 5 to 10 years in prison as well as a fine of up to $150,000.

Aggravated assault charges may be filed as a third-degree offense for:

• Pointing a gun (even a toy or fake gun) at a law enforcement officer.
• Intentionally choking a domestic partner or family member.

Third-degree offenses are punishable by three to five years in prison and a fine of up to $15,000.

Aggravated assault charges may be filed as a fourth-degree offense for:

• Causing simple assault to a member of a specified class, including police officers, firefighters, or schoolteachers.
• Pointing a firearm at another person.
• Recklessly causing bodily injury to another person with a deadly weapon

Fourth-degree offenses can result in up to 18 months in prison and a fine of up to $10,000.

Contact Us Today

Aggravated assault is an indictable offense under New Jersey law, so you may face serious consequences.

Do not leave anything to chance. Protect yourself with help from a Cherry Hill criminal defense lawyer from The Law Offices of Christopher St. John. Our goal is to have your charges reduced or dismissed altogether. To schedule a consultation, call (856)716-5427 or fill out the online form