Aggravated Assault

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 Ellis Law, 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 attepts 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:
    – A law enforcement is acting within the realm their duties
    – A fireman, paid or volunteer, who is acting within the realm of their duties
    –  An emergency first-aid responder or person in the medical services is acting within the realm of their duties
    – Any school employee such as a school administrator, board member, bus driver, or teacher
    – Any Family Services and Division of Youth employee
    – 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.

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