Aggravated Assault

Trenton NJ Aggravated Assault Lawyers

With Offices in Trenton and Pennington

Aggravated assault is one of the most frequently charged assault crimes in New Jersey. NJ prosecutors have wide latitude when deciding whether to file aggravated assault charges or simple assault charges. Unfortunately, prosecutors will often take advantage of this latitude and overcharge a defendant with aggravated assault in the hopes of getting them to plea to a lesser charge of simple assault. Worse yet, the assault laws in New Jersey are structured so that any number of scenarios and circumstances can result in an aggravated assault charge. Whether you were involved in a violent street fight or a loud argument with your spouse, you could face serious charges and be subject to severe penalties.

Mercer County Aggravated Assault Attorneys

Kamensky Cohen & Riechelson is a law firm that has been serving clients in Princeton, Robbinsville, and everywhere else in Mercer County, NJ since 1972. During that time, we have won countless assault cases. We provide personalized attention to each and every client because believe that everyone is entitled to a strong defense. Call KCR now to speak with a member of our legal team and start your defense.

Aggravated Assault Charges in New Jersey: N.J.S.A. 2C:12-1(b)

Aggravated assault charges in New Jersey are governed by N.J.S.A. 2C:12-1(b). A simple assault charge may be elevated to a charge of aggravated assault under a number of circumstances. The severity of the victim’s injuries, the identity of the victim, and the use of a deadly weapon during the assault are all factors that can result in a charge of aggravated assault.

Aggravated assault charges in New Jersey are governed by N.J.S.A. 2C:12-1(b). A simple assault charge may be elevated to a charge of aggravated assault under a number of circumstances:

Second Degree Felony:

  • Defendant causes serious bodily injury to another person.
  • Defendant attempts to cause serious bodily injury to another person.
  • Defendant recklessly causes bodily injury under circumstances manifesting extreme indifference to the value of human life.
  • Defendant causes bodily injury to another person during flight from a law enforcement officer or while eluding a law enforcement officer.

Third Degree Felony:

  • Defendant intentionally causes bodily injury to another person while using a deadly weapon.
  • Defendant attempts to cause bodily injury to another person while using a deadly weapon.
  • Defendant purposely causes significant bodily injury to another person.
  • Defendant attempts to cause significant bodily injury to another person.
  • Defendant recklessly causes significant bodily injury to another person under circumstances manifesting extreme indifference to the value of human life.
  • Defendant knowingly points an imitation firearm in the direction of a law enforcement officer for any unlawful purpose.

Fourth Degree Felony:

  • Defendant recklessly causes bodily injury to another person while using a deadly weapon.
  • Defendant knowingly points a firearm at or in the direction of another person under circumstances manifesting extreme indifference to the value of human life.
  • Defendant commits a simple assault upon a public servant who was acting in the performance of their duties.

Penalties for Aggravated Assault in Mercer County NJ

The range of penalties for an aggravated assault conviction varies, depending upon several factors:

  • Second Degree Charges: Punishable by 5–10 years in New Jersey State Prison. Second degree felonies carry a presumption of incarceration, which means that the offender will probably be looking at mandatory prison time.
  • Third Degree Charges: Punishable by 3–5 years in New Jersey State Prison.
  • Fourth Degree Charges: Punishable by up to 18 months in New Jersey State Prison.

Additionally, since aggravated assault is one of the enumerated offenses in the No Early Release Act (NERA), anyone convicted of aggravated assault could be required to serve at least 85 percent of their sentence before becoming eligible for parole.

Defenses to Aggravated Assault in Princeton

It is an affirmative defense to an aggravated assault charge that you only used force for the purposes of self-defense. However, the degree of force that you used in self-defense must be proportional to the degree of force used by the other person. For example, if you responded to a punch by pulling out a knife or a gun, you will probably not be able to claim self-defense.

Call a Trenton NJ Aggravated Assault Attorney

The criminal defense attorneys at Kamensky Cohen & Riechelson will do whatever it takes to get your aggravated assault charges downgraded or dismissed. Call us anytime to speak with a member of our litigation team, or email us to schedule a free, no-obligation consultation at our Pennington or Trenton offices.

Contact Kamensky Cohen & Riechelson

The experienced lawyers you can trust. We focus on success and get results. That’s why we’ve been trusted by clients for over 40 years.

Let us help you navigate your legal challenges.
Call (609) 528-2596 or (215) 337-4915 or send us an email. We're here when you need us.