Piscataway Aggravated Assault Lawyer

Physical confrontations and other acts of violence could result in an assault charge from the state. Under certain circumstances, the charge could elevate to aggravated assault, a more serious offense that carries the potential for increased punishment, including lengthy imprisonment sentences.

A Piscataway aggravated assault lawyer could help you protect your rights and interests during arraignment proceedings, plea deal negotiations, and trial. Consult with one of our experienced defense attorneys to learn more about how we can fight your case.

Requirements for an Aggravated Assault Conviction

New Jersey Revised Statutes § . 2C:12-1 covers the state’s definition for assault charges, including simple and aggravated assault. Simple assault occurs when a person causes, or attempts to cause, bodily injury to another through their purposeful, reckless, or negligent acts. Even in cases with no bodily injury, a crime of simple assault happens when someone attempts to put another in fear of imminent and serious injury through their physical menace.

In comparison, an aggravated assault charge most commonly arises under two situations. First, is when a person attempts to cause serious bodily injury to another. Second, is when a person knowingly causes injury under circumstances that create an extreme indifference to human life.

However, New Jersey Revised Statutes  § 2C:12-(1)(b) states other situations where bodily injury to another could establish a charge of aggravated assault. For example, the following conditions could lead to an aggravated assault charge:

• Fleeing or eluding law enforcement
• The use of a deadly weapon
• Pointing a laser sighting system affixed to a firearm on a law enforcement officer
• Knowingly pointing an imitation firearm toward a law enforcement officer for intimidation purposes
• Knowingly pointing a firearm in the direction of another, including in the direction of a law enforcement officer
• Starting a fire or explosion that causes injury to emergency services personnel responding to the incident
• The injured person is a victim of domestic violence in relation to the defendant, including reckless obstruction of the person’s breathing or blood circulation

A Piscataway attorney could help clarify this statute and the degree of an aggravated assault charge.

When a Simple Assault Charge Could Escalate to Aggravated Assault

Besides the unique scenarios for aggravated assault, the state could also elevate a simple assault charge depending on the nature of the victim. Simple assault can turn into aggravated assault if the victim is working in their official capacity and belongs to any of the following groups per New Jersey Revised Statutes § 2C:12-1(b)(5)(a)-(k):

• Health care workers
• Law enforcement officers
• State and municipal judges
• Paid or volunteer firefighters
• Department of Corrections personnel
• Emergency first-aid or medical service
• Utility company employees or contractors
• An employee of the child protective services division
• Direct care workers at psychiatric, developmental, or veterans’ centers
• Operators and employees of motor buses or rail passenger services
• Public or nonpublic school staff and personnel (e.g., teachers, bus drivers, administrators)

A lawyer could determine whether a simple assault charge will elevate to aggravated.

The Potential Sentencing for an Aggravated Assault Charge

The possible sentencing for an aggravated assault charge and conviction could depend on the degree of the assault and other factors, such as prior offenses and whether the aggravated assault results in bodily injury. Most aggravated assault charges are crimes ranging from the fourth to the second degree, which carries potential imprisonment sentences up to 10 years for the most serious offenses. An aggravated assault attorney in Piscataway could explain the severity of the charge and its potential consequences.

How a Piscataway Aggravated Assault Attorney  Could Help Your Defense

Aggravated assault charges usually transfer to the Middlesex County court system. Navigating this process involves many important decisions and strategies that could affect your life for years to come. For example, making an initial plea and weighing the potential benefits of entering a plea deal.

A Piscataway aggravated assault lawyer could help provide important context and information so you can make these decisions with confidence. Furthermore, an attorney could raise potential defenses and arguments, when available, to remove charges or limit sentencing upon conviction. In cases of aggravated assault, you could raise claims of self-defense or the defense of others based on your circumstances.

Call us today to schedule a consultation and discuss possible strategies for your case.