2nd Degree Aggravated Assault Nj - New Jersey prosecutors can charge an individual with simple assault or the more serious offense of aggravated assault depending on how the alleged victim was injured and how severe the injury was.
Simple charges can be laid for intending to injure someone, or for threatening to injure someone. Simple assault is charged as a disorderly person offense, or a minor disorderly person offense if the fight is peaceful.
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Aggravated assault is defined as causing serious injury or bodily harm or attacking someone with a deadly weapon, regardless of the injury. Aggravated assault is a less serious, more serious crime.
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New Jersey's criminal justice system imposes harsh sentences on people convicted of violent crimes. Being convicted of simple or aggravated assault will leave you with a criminal record. It can also result in jail time, depending on the charge. Having a criminal record can be detrimental when looking for a job, applying for credit, or seeking admission to college.
Anyone charged with simple or aggravated assault in New Jersey should seek the help of an experienced criminal defense attorney as soon as possible. The 10 defense attorneys at the Law Offices of Jonathan F. Marshall include former county and state prosecutors who have well over 200 years of combined legal experience and now defend individuals facing criminal charges.
Aggravated assault includes causing great harm to a person, attempting to cause bodily harm with a deadly weapon, or pointing a gun at another person. Misdemeanor charges can also be filed for injuring a person working in any public-facing job. Regardless of the severity of the injury, you can be charged with aggravated assault for assaulting someone with a deadly weapon.
According to NJ law, a deadly weapon is any firearm or other weapon, instrument, device or object that can be used to cause death or great bodily harm or can be used to make a victim believe they can be killed. bodily harm.
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Assault charges can also be filed for any injury to a variety of public officials while on duty, including police, judges, prisons, teachers, emergency responders, transit workers and laborers. business, and many others.
Punishment will include paying court costs and expenses, including an assessment by the Crimes Compensation Commission. Sentences upon conviction may also include doing community service and receiving counseling for anger management and/or alcohol/drug abuse. There may be probation for a first-time offender instead of imprisonment.
Simple charges can be filed for any type of fight or aggressive physical contact between two or more people that causes minor injuries, such as bruises or minor cuts. Arguments, domestic disputes, behavior influenced by alcohol, and other aggressive behavior can escalate into violent acts leading to complaints and charges of simple assault.
Simple charges are often charged as a felony. If an arrest is made after a peaceful struggle or fight, then minor misdemeanor charges must be filed. Remember, what would be a simple assault becomes a serious assault when a public official, such as a police officer or a teacher, is assaulted.
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A misdemeanor charge is punishable by up to six months in prison and/or a fine of up to $1,000.
A misdemeanor is punishable by up to 30 days in jail and a $500 fine.
Punishment will also include paying court costs and fees, including an assessment of the victim's compensation board, and may include doing community service and receiving anger management or substance abuse counseling. There may be probation for a first-time offender instead of imprisonment.
If you have been charged with assault in New Jersey, call the experienced criminal defense attorneys of the Law Offices of Jonathan F. Marshall as soon as possible. We can challenge the evidence against you, and try to reduce or drop the charges. Our NJ criminal defense attorneys will work to get the best possible result for you based on the specific facts of the case.
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Contact the Law Offices of Jonathan F. Marshall now for a free initial consultation. We have offices throughout the state of New Jersey. Aggravated assault is a very serious crime in New Jersey. Anyone charged with assault in NJ could risk losing their freedom. In addition to the stigma associated with a conviction, a person can face years in prison and a hefty fine. The sentence will make it very difficult to hold down a steady job, go to school or find a home.
The cost of a stroke can result from many common scenarios. A person may be trying to protect himself or another person, or to protect his property. Sometimes it can be the result of anger that just flares up. Whatever the reason, it is important to contact an experienced NJ criminal defense attorney who can help clear your criminal record, keep you out of jail, and protect your legal rights.
In New Jersey, people can face simple assault charges. As the name suggests, the attack attack is more serious. Aggravated assault law in New Jersey is complex and can be very confusing. Below is a breakdown of what counts as a hit-and-run assault in New Jersey.
According to the Penal Code N.J.S.A. 2C:12-1(b), there are 11 ways a person can be convicted of aggravated assault:
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The penalties and fines for aggravated assault are much different than those for simple assault. Aggravated assault in NJ is either a second, third or fourth offense.
In particular, the specific circumstances of the case and the severity of the injuries will determine the extent to which you will be charged with:
New Jersey has two basic types of assault: simple assault and aggravated assault. As the names suggest, the former is less important than the latter. The question of what kind of charge a person will face will depend on the circumstances of the attack.
In general, simple assault is threats or attempts to harm another person or assault that causes minor injuries, such as bruises or minor cuts. Aggravated assault is often used in cases involving serious injury, or the use of a weapon. Certain circumstances can cause a simple assault to become a serious assault, such as when a person assaults a police officer or teacher.
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A person can be charged with third degree assault if he or she knowingly harms another person or family member. To be convicted, the prosecutor must prove that he knew or showed how the act harmed the victim.
This is a more recent addition to the list of crimes that can constitute assault. It was signed into law in New Jersey in 2017. The new law also eliminates the non-custodial sentence for first offenses in some cases of assault (see below).
People can protect themselves from a conviction for aggravated assault if they act in self-defense. This is not always easy to prove. With the help of an experienced criminal defense attorney, it may be possible to build a defense strategy with the best chance of avoiding a conviction.
The use of force or deadly force on or against a victim who is unlawfully present in a residence is justified if the actor believes that the force is immediately necessary to protect himself or other persons in the residence from the use of unlawful force by a terrorist in the present time.
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Also, a person is allowed to protect another person in situations where he/she would be justified in using violence in self-defense. Therefore, if the victim of the assault is hunting in a house that protects the suspect, then the assault charge can be dismissed.
This defense requires only that the attorney show that there is a "reasonable appearance" of the right to use the force. In other words, it doesn't matter if the use of violence is ultimately irrational - just that it seems reasonable at the time.
Also, someone who uses violence to protect his property can still avoid a conviction for aggravated assault.
The use of force on or against another person is justified if the actor is in possession or control of the territory or has a license or may be thereon and he reasonably believes that such authority is necessary to prevent what he believed or to terminate. it was the council. or the attempt to commit a criminal offense by such other person in or on such premises.
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However, property protection can only be used if the suspect tells the offender or offenders not to interfere with the property. Also, the suspect may not use lethal force to save the property. He/she must first have a reasonable belief that the criminal or trafficker will use deadly force against him/her.
In certain situations, the "factual mistake" defense can also be used. The error of fact defense can only be used if it can be shown that the defendant did not intend to harm anyone. For example, let's say a man slaps his friend in the back
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