New Jersey aggravated assault defenses vary based on the severity of the crime and the circumstances involved. For instance, a fourth degree offense can be charged for aggravated assault in New Jersey when the assailant targets a police officer or any public-facing employee engaged in their official duties during the incident. Similarly, if the assault involves the use of a deadly weapon, it can also be classified as a fourth-degree offense. Understanding the implications of these laws in your case requires the expertise of an experienced aggravated assault lawyer.
To secure a conviction for aggravated assault, the state must provide evidence beyond a reasonable doubt that you caused severe bodily harm to another individual. The legal definition of serious bodily injury encompasses injuries that result in substantial permanent disfigurement, the loss of organ or body part functionality, or impairment.
Meeting this demanding legal criterion is no small task, and a guilty verdict for aggravated assault might lead to a minimum 18-month prison sentence. If you're facing allegations of aggravated assault, it's critical to promptly seek the guidance of a seasoned New Jersey aggravated assault lawyer.
An adept aggravated assault lawyer possesses the ability to identify potential defenses for your case, potentially leading to the dismissal or reduction of charges against you. Among the most common strategies to counter aggravated assault allegations is asserting self-defense. This defense hinges on the idea that you acted reasonably to protect yourself or others. It's worth noting that this defense is applicable only when the use of force was justifiable given the circumstances.
In cases where self-defense applies, your arsenal of New Jersey aggravated assault defenses could encompass additional affirmative defenses, such as intoxication and diminished capacity. Intoxication is frequently invoked in assault and battery cases due to the challenge of establishing whether your actions were deliberate or reckless while under the influence. On the other hand, diminished capacity is a defense that's only viable in specific situations, requiring expert testimony for substantiation.
A skilled aggravated assault lawyer can also challenge the reliability of evidence presented against you as a means of avoiding an aggravated assault conviction in New Jersey. Instances of unreliable evidence can arise if the prosecution fails to adhere to proper procedural protocols during the evidence collection phase, including the omission of a necessary search warrant.
A proficient New Jersey aggravated assault lawyer will exhaust all possible avenues to either dismiss or reduce the charges against you. Yet, when the evidence is substantial, leading to difficulty in dismissal, your attorney might pursue alternative options. This could involve advocating for your participation in New Jersey's diversionary programs like Pre-Trial Intervention (PTI). Successful completion of such a program results in the dismissal of your aggravated assault charges, a preferable route for those seeking to avoid a permanent conviction on their record and expedite the resolution of their case.
A conviction on aggravated assault charges can have devastating consequences. You can face serious prison time and thousands of dollars in fines. An aggravated assault lawyer can work to get these charges dismissed or reduced. In addition, a conviction will show up when a potential employer, bank loan officer, or college admissions officer does a background check. The quicker you engage a New Jersey aggravated assault attorney, the better your chances of getting these charges dropped or downgraded.
Generally speaking, there are two different types of assault charges in New Jersey – simple assault and aggravated assault. Aggravated assault is considered to be a more serious crime than simple assault, and it can be charged in varying degrees depending on the circumstances of the case. In general, an aggravated assault lawyer is elevated to a higher degree when the victim is a law enforcement officer, fireman, or other defined class of person. Additionally, an aggravated assault charge can be charged when a weapon is involved.
There are several different kinds of aggravated assault in New Jersey, and the penalty varies depending on the severity of the injury or threat. Fourth-degree aggravated assault is the least serious, and it can carry a sentence of up to 18 months in jail and a $10,000 fine. Second-degree aggravated assault is more serious, and it can carry a prison term of up to 10 years and thousands of dollars in fines. Third-degree aggravated assault is still more serious, and a skilled aggravated assault lawyer can carry a sentence for up to 5 years in prison and thousands of dollars in fines.
If you are facing a third- or fourth-degree aggravated assault charge, you might qualify for Pretrial Intervention (PTI) and can avoid a criminal record if you are accepted into this diversion program. If you do not qualify for PTI, your attorney, who specializes in New Jersey aggravated assault cases, can try to get the aggravated assault charge downgraded to a disorderly persons offense.
Self Defense
The most common aggravated assault defense is self-defense, and an experienced aggravated assault lawyer can help you understand its nuances. If you were attacked or feared for your safety, then it is reasonable that you would have used force to protect yourself.
Constitutional Violations
Another common defense strategy, which a skilled aggravated assault lawyer can employ, is showing that the police or prosecutor violated your constitutional rights. If you can prove that this was the case, then it may provide a complete or partial defense to the assault charges against you.
Intoxication - Showing that you were under the influence of illegal drugs or prescription medication can also be a valid defense, and an expert New Jersey aggravated assault lawyer can help you navigate this aspect. However, it is important to note that this defense can be a tricky one to present because intoxication is often voluntary. Your chosen aggravated assault lawyer in New Jersey may be able to successfully argue that you were not intoxicated and that your actions were not a result of your drug use.
You got into an argument with a coworker, your partner, or a complete stranger at a bar and things just went wrong. You hit them and now you have an aggravated assault charge hanging over your head. The penalties for an aggravated assault conviction are severe and can have lasting consequences on your life. Whether your case is at the municipal court level or you have been charged as a felon, an experienced New Jersey aggravated assault lawyer will fight to protect your rights and freedom.
A skilled aggravated assault lawyer will help you navigate the legal system and get charges dropped or reduced. They will be able to discuss mitigating factors with the prosecutor from the beginning of your case, making it easier to talk about the circumstances that led to your arrest. This can sway the prosecutor and convince them that your actions were excusable or less serious than the degree of assault charged.
New Jersey law defines aggravated assault as the act of inflicting serious bodily injury on another person, especially when it involves a weapon. A convicted person could face prison time, fines, and restitution to the victim. They will also have a tarnished criminal record that could affect their employment and housing prospects, and may be denied credit and services.
To prove a case of aggravated assault, the prosecution must show that you acted against a protected class, such as a police officer, fireman, or public-facing employee. You also must have used deadly force or committed a simple assault against someone in a protected class, such as a developmentally disabled or elderly person.
You can defend against aggravated assault charges by showing that you used force in self-defense. Your aggravated assault lawyer will have to argue that you believed that you or a family member was in danger of death or serious bodily harm, and you only reacted to the situation to protect yourself.
There are other ways to defend against aggravated assault charges, such as by showing that you were unaware of the severity of your actions or that they weren’t deliberate. Your New Jersey aggravated assault defense lawyer will also try to have incriminating evidence suppressed or dismissed by arguing that it was obtained illegally.
A skilled aggravated assault lawyer in New Jersey will be familiar with all possible legal strategies and will work tirelessly to have your charges dropped or reduced. They will be devoted to protecting your legal rights and helping you get through this difficult time.
Contact us today for your initial consultation with an experienced aggravated assault lawyer in New Jersey. We will explain your options and provide you with a confidential evaluation of your case.
Lustberg Law Offices, LLC
One University Plaza Dr Suite 212, Hackensack, NJ 07601, United States
(201) 880-5311