Pennington NJ Aggravated Assault Attorney
Several years ago, a Pennington man made headlines when he assaulted his 44-year-old sister with a knife. Following some type of exchange between the two at the apartment that the Pennington man shared with his mother, the man stabbed his sister multiple times. Luckily, she was ultimately able to escape the apartment with the help of her boyfriend. But the case did not end there. Following the sister’s escape, the Pennington man barricaded himself in the apartment and refused to come out at the request of police. The standoff with police ended when the police forced their way into the apartment in the early morning hours the next day. The Pennington man was charged with attempted murder, aggravated assault and other charges. He ultimately pleaded guilty and faces a four-year prison term. If you have been charged with aggravated assault, then you need to speak to a legal professional to learn what your legal options are. We are the Law Offices of Jonathan F. Marshall. We are experts at handling aggravated assault cases, and know how to get charges dismissed. Call us for a free consultation. There is always an attorney you can speak to, day or night. The number is (609) 683-8102.Pennington Aggravated Assault Charge
Aggravated assault is covered in New Jersey statute at N.J.S.A. 2C:12-1(b). It is a lengthy statute because it lists 12 scenarios in which aggravated assault occurs. This law renders a person guilty of aggravated assault if he/she:
- Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or
- Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or
- Recklessly causes bodily injury to another with a deadly weapon; or
- Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, . . . at or in the direction of another, whether or not the actor believes it to be loaded; or
- Commits a simple assault . . . upon [any on-duty police officer or State employee]
- Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer; or
- Attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury; or
- Causes bodily injury by knowingly or purposely starting a fire or causing an explosion . . . which results in bodily injury to any emergency services personnel involved in fire suppression activities, rendering emergency medical services resulting from the fire or explosion or rescue operations, or rendering any necessary assistance at the scene of the fire or explosion, including any bodily injury sustained while responding to the scene of a reported fire or explosion; or
- Knowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm . . . at or in the direction of a law enforcement officer; or
- Knowingly points, displays or uses an imitation firearm . . . at or in the direction of a law enforcement officer with the purpose to intimidate, threaten or attempt to put the officer in fear of bodily injury or for any unlawful purpose; or
- Uses or activates a laser sighting system or device, or a system or device which, in the manner used, would cause a reasonable person to believe that it is a laser sighting system or device, against a law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority; or
- Attempts to cause significant bodily injury or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life, recklessly causes significant bodily injury to a person who, with respect to the actor, meets the definition of a victim of domestic violence. . . .
Applying the statute to the case of the Pennington man discussed above, it seems clear that the Pennington man’s conduct is covered by paragraph (2) above, because he caused bodily injury to his sister with a deadly weapon, a knife.Penalties for Aggravated Assault
As previously stated, an individual can be charged with a second degree, third degree or fourth degree crime depending on the circumstances that resulted in the related offense.
- Second Degree Crime. Aggravated assault as described in paragraphs (1) and (6) above are second-degree crimes, which carries a possible 5 to 10 years in prison, and a $150,000 fine.
- Third Degree Crime. Aggravated assault as described in paragraphs (2), (7), (9), (10), (11), (12) above are third-degree crimes, which carries a possible 3 to 5 years imprisonment, and up to a $15,000 fine.
- Fourth Degree Crime. Aggravated assault as described in paragraphs (3), (4), and (5) above are fourth-degree crimes, which carries a possible 18 months in prison, and a $10,000 fine.
Conduct in paragraphs (5) and (8) becomes third degree if the victim suffered bodily injury. Aggravated assault under paragraph (8) becomes second degree if the victim suffered significant or serious bodily injury.Pennington Aggravated Assault Defense Lawyers
In sum, aggravated assault involves crimes of violence where the victim is typically injured, sometimes severely. Accordingly, aggravated assault is a serious charge where prosecutors are unlikely to exercise much leniency. You need an aggressive, committed lawyer in your corner to help minimize your criminal exposure. Call The Law Offices of Jonathan F. Marshall at (609) 683-8102 to understand your legal options. The initial consultation is free.