If you have been arrested and charged with aggravated assault in New Jersey or New York, you need
skilled, experienced legal representation to protect your rights. Violent crime offenses are serious
charges that carry heavy penalties. At the Law Offices of Herbert I. Ellis, P.C., our criminal defense
lawyers can help you fight your charges in and out of the courtroom.
Aggravated Assault Law in New Jersey
Complaints and indictments of aggravated assault can occur in many different situations in New
York and New Jersey. According to the New Jersey Aggravated Assault Statute, someone is guilty of
aggravated assault if they have committed any of the following:
A person knowingly or purposefully causes or attempts to cause bodily injury to another
person or recklessly causes such an injury with extreme indifference to the value of human
life. This is considered a Second Degree Offense.
A person attempts to cause or purposefully causes bodily injury to another person with a
deadly weapon. A violation is considered a Third Degree Offense.
A person recklessly causes bodily injury to another person with a deadly weapon. A violation
is considered a Fourth Degree Offense.
A person acts with extreme indifference to the value of human life and knowingly points a
firearm in the direction of or at another person whether the person believes the gun to be
loaded or not. A violation is considered a Fourth Degree Offense.
A person commits a simple assault upon any of the following:
o A law enforcement is acting within the realm their duties
o A fireman, paid or volunteer, who is acting within the realm of their duties
o An emergency first-aid responder or person in the medical services is acting within
the realm of their duties
o Any school employee such as a school administrator, board member, bus driver, or
teacher
o Any Family Services and Division of Youth employee
o Any Supreme Court Justice, Superior Court Judge, Tax Court or municipal judge
In any of these cases, a violation is considered a Third Degree Offense if the victim
actually suffers bodily harm, otherwise it is considered a Fourth Degree Offense.
A person causes bodily harm to another while operating a motor vehicle or while fleeing
from a law enforcement officer. A violation is considered a Second Degree Offense.
A person acts with extreme indifference to the value of human life and purposefully or
recklessly causes or attempts to cause significant bodily harm to another person. A violation
is considered a Third Degree Offense.
A person causes bodily harm by knowingly causing an explosion or starting a fire. If the
victim suffers “serious bodily injury” (defined as “a substantial risk of death or which causes
serious, permanent disfigurement, or protracted loss or impairment of the function of any
bodily member or organ”) or “significant bodily injury” (defined as “bodily injury which
creates a temporary loss of the function of any bodily member or organ or temporary loss
of any one of the five senses’) this is considered a Second Degree Offense. Otherwise it is
considered to be a Third Degree Offense.
