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Middletown NJ Aggravated Assault Attorney

December 10, 2023

Understanding Aggravated Assault Charges

Dealing with any kind of assault charge can be scary and confusing. Aggravated assault charges in particular can lead to severe penalties, so it’s important to understand exactly what constitutes aggravated assault and how these cases are handled.In general, aggravated assault refers to an assault that involves circumstances that make it more serious than a “simple” assault. This includes assaults that:

  • Involve the use of a deadly weapon
  • Result in serious bodily injury
  • Show an intent to commit another felony crime

For example, if someone assaults another person with a knife or gun, that would likely be considered aggravated assault because a dangerous weapon was involved. Or if an assault leads to broken bones, internal injuries, or other major bodily harm, that could also make it an aggravated case.

Aggravated Assault Laws and Penalties

Aggravated assault laws and penalties vary somewhat from state to state, but there are some commonalities. In Georgia, for instance, aggravated assault involves attacking someone either:

  • With the intent to murder, rape, or rob
  • With a deadly weapon or object that causes serious injury
  • By discharging a firearm from a vehicle

Penalties can include 1-20 years in prison. Assaulting a public safety officer or using a firearm carries even stiffer sentences of 10-20 years.The FBI definition also looks at factors like use of a dangerous weapon, intent to injure, and extent of injury. Federal sentencing guidelines may recommend increased prison terms based on these aggravating factors.

Common Defenses in Aggravated Assault Cases

Some of the most common defenses raised in aggravated assault cases include:Self Defense – Arguing that the assault was necessary to protect yourself or others from harm. The key issue here is whether the force used was reasonable and proportional to the perceived threat.Lack of Intent – Claiming that you did not intentionally set out to harm the victim. This may apply if the assault occurred by accident or due to negligence rather than intent.Mistaken Identity – Asserting that you are not the person who committed the assault. Eyewitness misidentification is a common contributor to wrongful convictions.Intoxication – In some cases, intoxication may be argued as a mitigating factor that impaired judgment. However, voluntary intoxication is not a complete defense in most jurisdictions.

The Role of a Criminal Defense Attorney

If you or a loved one are facing aggravated assault allegations, it’s essential to have an experienced criminal defense attorney on your side. A knowledgeable lawyer can evaluate the prosecution’s case and identify any legal defenses that may apply.They can also negotiate with the district attorney to potentially get charges reduced or dismissed. And if a trial becomes necessary, they can argue to get certain evidence suppressed or excluded, challenge any weak points in the prosecution’s case, and overall ensure your legal rights are protected each step of the way.The bottom line is that aggravated assault charges should not be taken lightly given the severe penalties involved. Having a tough litigator in your corner can make all the difference.

Aggravated Assault in the Military Context

There are also specific regulations around aggravated assault in the military context under the Uniform Code of Military Justice (UCMJ).Article 128 of the UCMJ prohibits assault consummated by a battery as well as assaults involving deadly weapons or those likely to produce grievous bodily harm. Aggravating factors like the victim’s rank or status may increase potential sentences.Service members accused of aggravated assault should consult with a military defense lawyer to understand their rights and options. These attorneys have specialized expertise in courts-martial and can develop a comprehensive defense strategy focused on achieving the best possible outcome.

Long-Term Consequences of an Aggravated Assault Conviction

Beyond potential jail or prison time, being convicted of aggravated assault can negatively impact someone’s life in many ways for years to come.An aggravated assault conviction can make it very difficult to find a job, rent an apartment, get approved for loans, or pursue certain educational programs. It can also lead to losing custody rights, voting rights, gun ownership rights, and more.Deportation may also be a consequence for non-citizens charged with aggravated felony offenses.This is why aggressively fighting these allegations from day one is so crucial. An experienced assault defense lawyer will look at every option to get charges reduced or dismissed where possible to help mitigate long-term collateral damage.

Finding the Right Lawyer for Your Case

If you or someone you love is charged with aggravated assault, I know it can feel terrifying trying to navigate the legal system on your own. But please know there are talented defense lawyers out there who can help.I would be happy to discuss your case in a free, no-obligation consultation if you want to understand all of your rights and options. Please don’t hesitate to reach out or check these resources to learn more about assault charges and connecting with qualified local attorneys.

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