Aggravated Assault in Essex County

Aggravated Assault in Essex County

You’re sitting in Essex County Correctional Facility right now, or you were just released a few hours ago, and you’re trying to understand what just happened to you. The arrest happened fast—maybe it was a fight that got out of hand, maybe you were defending yourself, maybe the situation escalated beyond your control. But now you’re charged with aggravated assault, and everyone keeps telling you this is serious. What they’re not telling you is what happens to YOU in the next 48 hours, what YOUR realistic outcomes are, and whether you’re actually going to prison.

I’ve spent many, many years in courtrooms across New Jersey—including the Essex County Veterans Courthouse—and I’ve seen how these cases unfold. When Todd Spodek founded this firm, he brought a philosophy that matters here: vigorous defense isn’t just for people the media sympathizes with. It’s for everyone facing the overwhelming power of the state. Essex County handles approximately 25% of all criminal prosecutions in New Jersey—this is the largest prosecutor’s office in the state. They’re aggressive, experienced, and they don’t negotiate easily. Constitutional protections aren’t optional niceties when you’re facing these prosecutors; they’re the only barrier between you and a prison sentence that could last many, many years.

What Happens in the Next 48 Hours

Right now, you’re at 354 Doremus Avenue in Newark. Within 24 to 48 hours, a judge will review your bail. If prosecutors move for detention—arguing you’re a danger or a flight risk—you won’t get out until a detention hearing within five days. At that hearing, the state will present its case for why you should remain in custody. What judges consider: the severity of the alleged assault and whether weapons were involved, the victim’s injuries, your criminal history, and practical factors like your ties to the community and employment. If bail is set, there’s a specific procedure: bail can only be posted at the Essex County Correctional Facility between 9 AM and 3 PM, five days a week. Miss that window, and you wait. For domestic violence aggravated assault charges, police must issue charges on a warrant—meaning detention is more likely.

Why “Second Degree” Means You’re Probably Going to Prison

The degree of your charge is the most important factor in determining whether you go to prison. Most people don’t understand this: in New Jersey, aggravated assault under N.J.S.A. 2C:12-1(b) can be charged as second, third, or fourth degree depending on the circumstances—and each degree carries a different presumption. Second degree means five to ten years in prison, and here’s what prosecutors won’t emphasize: there’s a presumption of incarceration even for first-time offenders. That means the judge starts with the assumption you’re going to prison unless there are exceptional circumstances. Third degree means three to five years, but the presumption flips—for first-time offenders, there’s a presumption of non-incarceration, meaning probation is realistic. Fourth degree carries up to eighteen months. Why does this matter? Because all degrees fall under the No Early Release Act—you must serve 85% of any sentence before parole eligibility. If you’re sentenced to ten years, you’re serving 8.5 years minimum. This isn’t like other crimes where good behavior gets you out early. The degree also determines what plea negotiations look like: downgrading from second to third degree changes the entire trajectory of your case because it changes the presumption from incarceration to non-incarceration.

What determines the degree? The severity of injuries, whether a weapon was used, the status of the victim (assaulting a police officer carries harsher penalties), whether the assault occurred during another crime. This is why your first conversation with a defense attorney should focus on challenging the degree of the charge, not just whether you committed the act.

The Prosecutor Wants a Plea Deal—Should You Take It?

The prosecutor has made an offer. Maybe they’re offering to downgrade from second to third degree. Maybe they’re offering probation if you plead guilty. Maybe they’re dropping some charges in exchange for pleading to others. Essex County prosecutors handle one-quarter of New Jersey’s criminal cases at the Essex County Veterans Courthouse on West Market Street—they’re not making generous offers out of kindness. Your leverage depends on the strength of their evidence, the severity of the victim’s injuries, whether the victim is cooperating (especially critical in domestic cases), your criminal history, and whether you have a credible self-defense claim. Common plea deals in Essex County include degree downgrades (which change sentencing presumptions), charge reductions from aggravated assault to simple assault (dropping it to municipal court instead of Superior Court), or sentence recommendations in exchange for a guilty plea. What about Pre-Trial Intervention? PTI is a diversionary program—if you successfully complete one to three years of supervised probation, your charges are dismissed. No conviction, no permanent record. The problem? Aggravated assault carries a presumption of ineligibility because it’s classified as a violent crime. You can still apply, but you must overcome that presumption by demonstrating you’re amenable to rehabilitation. For second-degree charges, you cannot even apply unless the prosecutor consents—and Essex County prosecutors rarely consent. However, case law requires prosecutors to consider each defendant individually, not categorically deny PTI based on the offense alone. For domestic violence cases, there’s an additional wrinkle: you must plead guilty to the charge first, then if you successfully complete PTI, the charges are dismissed. The risk of trial looms over every plea negotiation. If you reject the plea and go to trial, you face maximum penalties with no negotiated cap.

Even if you avoid prison, even if you get probation, you still have a permanent indictable offense on your record—New Jersey’s equivalent of a felony. This affects employment background checks, professional licensing, gun ownership (permanently barred), housing applications, and international travel. Most people focus on “am I going to prison?” but they don’t realize that even probation leaves you with a conviction that follows you for decades. A 25-year-old with an aggravated assault conviction will check “yes” on job applications for the rest of their life. This is why certain outcomes are vastly better than others: PTI completion results in dismissal—no conviction, no record of guilt. A downgrade to simple assault means a disorderly persons offense in municipal court, which is a less serious record than an indictable offense. Acquittal means no record. Conviction—even with probation—means a permanent violent crime on your record. Expungement is possible, but not for many, many years: typically five to ten years after completion of your sentence for indictable offenses, and even then, there are restrictions. When you’re 22 years old and facing a second-degree aggravated assault charge, accepting a plea to third degree with probation might sound like a victory—and compared to prison, it is. But compared to PTI dismissal or acquittal, you’ve just accepted a permanent scar on your record that will affect your career, your housing, your ability to own firearms, and your sense of self for the next fifty years. If you’re facing aggravated assault charges in Essex County, call us immediately at 212-300-5196—because the decisions you make in the next few weeks will determine the rest of your life.