Representation

The Law Office of Matthew B. Lun, Esq. will provide the defense required to handle a New Jersey aggravated assault charge. Aggravated assault is a serious charge with serious consequences. If you have been charged with aggravated assault contact the Law Office of Matthew B. Lun today for a free consultation.

New Jersey Aggravated Assault Statute

The aggravated assault statute is located at N.J.S.A. 2C:12-1(b). It provides:

A person is guilty of aggravated assault if he:

(1) 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

(2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or

Aggravated Assault New Jersey

(3) Recklessly causes bodily injury to another with a deadly weapon; or

(4) Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in section 2C:39-1f., at or in the direction of another, whether or not the actor believes it to be loaded; or

(5) Commits a simple assault as defined in subsection a. (1), (2) or (3) of this section upon:

(a) Any law enforcement officer acting in the performance of his duties…; or

(b) Any paid or volunteer fireman acting in the performance of his duties…; or

(c) Any person engaged in emergency first-aid or medical services acting in the performance of his duties…; or

(d) Any school board member, school administrator, teacher, school bus driver or other employee…; or

(e) Any employee of the Division of Youth and Family Services…; or

(f) Any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge…

(6) Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10. or

(7) 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

(8) Causes bodily injury by knowingly or purposely starting a fire or causing an explosion in violation of N.J.S.2C:17-1…; or

(9) Knowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer; or

(10) Knowingly points, displays or uses an imitation firearm, as defined in subsection f. of N.J.S.2C:39-1, 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.

Understanding the New Jersey Aggravated Assault Statute

As you can see from the statute there are many different ways in which a person can commit an aggravated assault. Additionally, determining the difference between an aggravated assault and simple assault is not an easy task. Simple assault carries less serious consequences and it is typically favorable to seek a downgrade of an aggravated assault charge when possible. An experienced New Jersey criminal defense attorney can help to make this happen.

Grading an Aggravated Assault Conviction in New Jersey

The consequences of a conviction for aggravated assault in New Jersey depend on the the degree of the offense. The degree of the offense can be found be found in the statute itself. The statute provides:

  1. A violation of subsections (1) or (6) is a Second Degree Offense;
  2. A violation of subsections (2), (7), or (9) is a Third Degree Offense;
  3. A violation of subsections (3) or (4) is a Fourth Degree Offense;
  4. A violation of subsection (5) is a Third Degree Offense if the Victim Suffers Bodily Injury, otherwise, it is a Fourth Degree Offense;
  5. A violation of subsection (8) is a Third Degree Offense unless the victim suffers “significant bodily injury” or “serious bodily injury” and then it is a Second Degree Offense.