Hunterdon County Aggravated Assault Lawyers
Our lawyers in Hunterdon County frequently defend aggravated assault charges. They can occur in a range of different scenarios. Some circumstances include domestic violence incidents and encounters with the police, among numerous other physical confrontations. The crime of aggravated assault can result in a fourth degree, third degree or second degree charge, depending on the nature of the conduct and severity of the harm inflicted. You should also be aware that regardless of whether you were charged in East Amwell, Readington, Raritan Township, or another municipality, you will face a felony that will be heard at the Hunterdon County Superior Court. The best possible way to ensure that you have every chance of avoiding a record and penalties for aggravated assault is to retain an accomplished criminal attorney.
The Charge of Aggravated Assault in Hunterdon County Under N.J.S.A. 2C:12-1(b)
A charge of aggravated assault can be filed under N.J.S.A. 2C:12-1(b) as a 2nd, 3rd or 4th degree crime. Factors that determine which degree include use of a weapon, the severity of injury, intent of the defendant, and status of the victim. This charge is always indictable and all are heard at the county courthouse in Flemington, New Jersey.
Here are the basics of grading for an aggravated assault charge:
- Aggravated Assault in the Second Degree This occurs when someone attempts to and/or causes serious bodily injury to another. If the defendant eludes the police and causes a motor vehicle accident where an individual suffers bodily injury, this charge would apply.
- Aggravated Assault in the Third Degree This charge applies when someone brandishes or points a firearm at another, brandishes or uses an imitation firearm to intimidate a police officer, causes bodily injury to another with a deadly weapon or attempts to and/or causes significant bodily injury to anyone.
- Aggravated Assault in the Fourth Degree This occurs when a defendant recklessly causes injury to another with a weapon and/or recklessly points a gun in the direction or vicinity of another person.
Possible Penalties If Convicted on Aggravated Assault Charges In Flemington
The penalties for aggravated assault charge are serious. For Second Degree, you could serve 5 – 10 years in state prison and pay as much as $150,000 in fines. You trigger the No Early Release Act if you are convicted of aggravated assault in the second. The act requires that a defendant serve at least 85% of their prison term before eligible for parole.
For Third Degree, you could get 3 – 5 years in prison and a fine of up to $15,000.
For Fourth Degree, you might serve 18 months and pay a fine of $10,000.
Pretrial Intervention (“PTI”)
This allows a defendant to serve one year of probation and keep the aggravated assault charge off their criminal record. Working with a knowledgeable attorney can increases your chances of gaining admission into PTI.
Hunterdon County Aggravated Assault Charges and Immigration
It is important to note that are non-citizens of the United States suffer much harsher consequences in an aggravated assault conviction. Green card holders immediately enter deportation proceedings upon a conviction on an aggravated assault charge. Due to the severity of these charges, it is imperative for individuals who are not citizens of the United States to retain a top Flemington aggravated assault attorney to defend them.
The attorneys at Spodek Law Group defend people who are charged with aggravated assault in Hunterdon County, including people arrested in Flemington, Clinton, Readington, Raritan Township, East Amwell, Lebanon, Bethlehem, Franklin Township, Union Township, Tewksbury, West Amwell, Hampton, Alexandria, Holland, Lambertville, High Bridge, Delaware Township, Glen Gardner, Frenchtown, Milford, Bloomsbury, Califon or Stockton.