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Hunterdon County Aggravated Assault Attorney

September 4, 2022 Uncategorized

If you live in Hunterdon county, and face an accusation of aggravated assault – it’s a good idea to speak to our criminal lawyers. Aggravated assault charges are very common in Hunterdon County. There are many scenarios including police encounters, domestic violence, or other physical confrontations, that can result in an aggravated assault. Regardless of whether you are in Readington, East Amwell, Clinton, or some other municipality, the crime must be heard at the Hunterdon County Superior Court. The best way to ensure you have a chance of avoiding a permanent black mark on your record, is working with a top rated criminal defense attorney.

The defense attorneys at the Spodek Law Group are here to help you. We have experience in County and Municipal cases. Our team has over 50 years of combined experience handling criminal defense cases all over the USA. Our team has been seen on Forbes, Entrepreneur, and other major outlets. If you face allegations of aggravated assault, please contact our criminal attorneys for a risk free consultation.

Aggravated assault can be filed as a 2nd, 3rd, or 4th, degree crime. Factors that determine where aggravated assault falls, depend on whether there was a weapon, the injury, intend, and status of the victim. The charge always is indictable, and can only be dealt at the county courthouse in Flemington.

Aggravated assault in second degree: This happens when a defendant attempted to/caused – serious harm to another. This also applies if you elude the police and end up in a car accident, where another person suffers bodily injury.

Assault in third degree: This is where a defendant is charged with assault in third degree, and where the defendant brandishes a firearm, or points a firearm, at another person. It could also be where you brandish, or use an imitation firearm, to intimidate a police officer.

Assault in fourth degree: This happens when you recklessly cause injury to another person with a weapon, or recklessly point a gun in their direction.

There are many potential penalties for aggravated assault charges. For a second degree crime, there’s a chance of 5-10 years in state prison, and up to $150,000 in fines. For third degree, penalties can include 3-5 years in prison, and a $15,000 fine. For a fourth degree crime, you could face an 18 month prison term, and a fine up to $10,000.


2nd Degree Aggravated Assault

A 2nd degree aggravated assault charge is the most serious of the three charges and is classified as a second degree felony.

In addition to the factors described above, there are other factors that can contribute to the charge becoming an indictable crime.

As an indictable crime, a 2nd degree aggravated assault charge carries a mandatory minimum prison sentence of five years. The maximum prison sentence is 10 years.

3rd Degree Aggravated Assault

A 3rd degree aggravated assault charge is classified as a third degree felony.

In addition to the factors described above, there are other factors that can contribute to the charge becoming an indictable crime.

As an indictable crime, a 3rd degree aggravated assault charge carries a maximum prison sentence of five years.

4th Degree Aggravated Assault

A 4th degree aggravated assault charge is a lesser crime that is classified as a fourth degree felony.

In addition to the factors described above, there are other factors that can contribute to the charge becoming an indictable crime.

As an indictable crime, a 4th degree aggravated assault charge carries a maximum prison sentence of 18 months.

Penalties for Aggravated Assault

Penalties for aggravated assault can range from probation to a mandatory minimum prison sentence. If the charge is a 2nd degree aggravated assault, the mandatory minimum is five years.

The mandatory minimums are not subject to parole so the entire prison sentence would be required to be served. If the charge is a 3rd degree aggravated assault, the maximum prison sentence is five years. If the charge is a 4th degree aggravated assault, the maximum prison sentence is 18 months.

The charge is also subject to a fine of up to $150,000. If the victim is a police officer or other similar public servant, there are additional penalties that could be imposed up to 20-years imprisonment.

In addition to jail or prison time that may be imposed, the court may also order restitution to the victim for any expenses related to the assault.

In New Jersey, there are also mandatory penalties for anyone convicted of an aggravated assault charge. These penalties are called the Graves Act. If convicted of an aggravated assault that involves a deadly weapon, the mandatory minimum prison sentence is five years. The mandatory minimum prison sentence is three years if the victim does not suffer a serious bodily injury.

Additionally, anyone convicted of an aggravated assault charge is subject to a fine of up to $150,000. If the victim is a police officer or other similar public servant, there are additional penalties that could be imposed up to 20-years imprisonment.

The Graves Act also requires that anyone convicted of an aggravated assault with a deadly weapon must serve at least 85% of the prison sentence before they are eligible for parole.

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