Grading Aggravated Assault in Hackensack NJ

Aggravated Assault Lawyer in Bergen County NJ

Aggravated assault is a common charge issued by the Bergen County law enforcement. This is very serious charge in New Jersey and  if convicted,  a defendant could find themselves under the control of the New Jersey Department of Corrections for ten (10) years. The underline degree which the defendant is charged with will  primarily depend directly on two factors: severity of the injuries suffered by the victim and the status of the victim. Below I will breakdown the different categories of injuries set forth by the Legislature and also how the status of the victim can alter the degree in which the defendant is ultimately charged with.

Aggravated Assault: N.J.S.A. 2C:12-1b:

1. The defendant attempts to cause serious bodily injury to another, or actually causes such injury; or
2. The defendant attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or
3. The defendant recklessly causes bodily injury to another with a deadly weapon; or
4. The defendant points a firearm at or in the direction of another; or
5. If the defendant commits a simple assault and the victim is:
   1. Any law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority (undercover) or because of his status as a law enforcement officer; or
   2. Any paid or volunteer fireman acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance of the duties of a fireman; or
   3. Any person engaged in emergency first-aid or medical services acting in the performance of his duties while in uniform or otherwise clearly identifiable as being engaged in the performance their duties; or
   4. Any school board member, school administrator, teacher, school bus driver or other employee of a public or nonpublic school or school board; or
   5. Any employee of the Division of Child Protection and Permanency; or
   6. Any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge; or 
   7. Any operator of a motorbus or the operator’s supervisor or any employee of a rail passenger service; or
   8. Any Department of Corrections employee, county corrections officer, juvenile corrections officer, State juvenile facility employee, juvenile detention staff member, juvenile detention officer, probation officer or sheriffs officer; or
   9. Any employee, including any person employed under contract, of a utility company; or
   10. Any health care worker employed by a licensed health care facility to provide direct patient care, any health care professional licensed; or
   11. Any direct care worker at a State or county psychiatric hospital or State developmental center or veterans’ memorial home; or
6. The defendant causes bodily injury to another person while fleeing or attempting to elude law enforcement; or
7. The defendant attempts to cause significant bodily injury to another or causes significant bodily injury; or
8. The defendant causes bodily injury by knowingly or purposely starting a fire or causing an explosion which results in bodily injury to any emergency services personnel involved in fire suppression activities; or
9. The defendant points or displays a firearm at or in the direction of a law enforcement officer; or
10. The defendant knowingly points, displays or uses an imitation firearm, at or in the direction of a law enforcement officer; or
11. The defendant uses or activates a laser sighting system or device against a law enforcement officer acting.

Aggravated Assault: N.J.S.A. 2C:12-1c:

A person is guilty of assault by auto or vessel:

1. When a defendant operates a vehicle or vessel recklessly and as a result causes either serious bodily injury or bodily injury to another; or
2. When a defendant operates an auto or vessel while intoxicated (N.J.S.A. 39:4-50) and either serious bodily injury or bodily injury results; or
3. When a defendant operates an auto while intoxicated in violation of N.J.S.A. 39:4-50 or N.J.S.A. 39:4-50.4a while:
   1. Driving on any school property, or within 1,000 feet of such school property;
   2. Driving through a school crossing; or
   3. 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.
4. When a defendant operates an auto or vessel in an aggressive manner directed at another vehicle and serious bodily injury or  bodily injury results.

Types of Injuries:

Degrees of Aggravated Assault

• Aggravated assault under N.J.S.A. 2C:12-1b- (1) & (6) is a crime of the second degree;
• Aggravated assault under N.J.S.A. 2C:12-1b- (2), (7), (9) & (10) is a crime of the third degree;
• Aggravated assault under N.J.S.A. 2C:12-1b- (3) & (4) is a crime of the fourth degree;
• Aggravated assault under N.J.S.A. 2C:12-1b-(5) is a crime of the third degree if the victim suffers bodily injury, otherwise it is a crime of the fourth degree.
• Aggravated assault under N.J.S.A. 2C:12-1b-(8) is a crime of the third degree if the victim suffers bodily injury; if the victim suffers significant bodily injury or serious bodily injury it is a crime of the second degree.
• Aggravated assault under under N.J.S.A. 2C:12-1b- (11) is a crime of the third degree.

Aggravated Assault Lawyer in Bergen County NJ

The Law Offices of Jonathan F. Marshall is an experienced Bergen County Criminal Defense Firm with a long track record of success throughout New Jersey. If you or someone you know has been charged with aggravated assault in towns like Hackensack, Fort Lee, Elmwood Park, Teaneck, Paramus, River Edge, Montvale or elsewhere in Bergen County we can help. If you have any further questions please contact any one of our Bergen County Offices for a free initial consultatio with any one of our experienced criminal defense attorneys

The post Grading Aggravated Assault in Hackensack NJ appeared first on Bergen County Criminal Lawyers.