Passaic County NJ Aggravated Assault Lawyer
Criminal Defense Attorney with Offices in Totowa, New Jersey
Criminal defense lawyer Alissa D. Hascup has successfully handled countless cases throughout New Jersey, including Paterson, Clifton, Wayne, Totowa, Haledon, and Hawthorne. Whether you are charged with aggravated assault, simple assault, terroristic threats, or manslaughter, you need a serious attorney who knows the law and will fight aggressively on your behalf for the best possible result.
As a former special deputy attorney general, assistant county prosecutor, and municipal prosecutor, Ms. Hascup successfully represented the State of New Jersey at trial where defendants were charged with a variety of violent crimes, ranging from attempted murder to weapons offenses. Having been a prosecutor, she understands what it takes to prove these types of cases in court. Now, as a defense lawyer, she uses that knowledge and experience to your advantage to attack the State’s case and put you in a position to achieve the best outcome.
Convictions for violent crimes in New Jersey have very serious consequences, including exposure to significant prison time. That’s why it is imperative that you have an experienced criminal defense lawyer on your side. Contact Ms. Hascup’s office now for an initial consultation, which is always provided free of charge.
Aggravated Assault in New Jersey: N.J.S.A. 2C:12-1b
Aggravated Assault is codified under N.J.S.A. 2C:12-1b, which 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
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 at or in the direction of another, whether or not the actor believes it to be loaded; or
5. Commits a simple assault upon:
Any law enforcement officer; or
Any paid or volunteer fireman; or
Any person engaged in emergency first-aid or medical services; or
Any school board member, school administrator, teacher, school bus driver or other employee of a public or nonpublic school or school board; or
Any employee of the Division of Child Protection and Permanency (“DCCP”) – formerly known as the Division of Youth and Family Services (“DYFS”); or
Any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge; or
Any operator of a motor bus or the operator’s supervisor or any employee of a rail passenger service; or
Any Department of Corrections employee, county corrections officer, juvenile corrections officer, State juvenile facility employee, juvenile detention staff member, juvenile detention officer, probation officer or any sheriff, undersheriff, or sheriff’s officer; or
Any employee, including any person employed under contract, of a utility company or a cable television company;
Any health care worker employed by a licensed health care facility to provide direct patient care, any health care professional licensed or otherwise authorized to practice a health care profession, except a direct care worker at a State or county psychiatric hospital or State developmental center or veterans’ memorial home; or
Any direct care worker at a State or county psychiatric hospital or State developmental center or veterans’ memorial home, provided that the actor is not a patient or resident at the facility who is classified by the facility as having a mental illness or developmental disability; or
6. Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer or while unlawfully operating a motor vehicle; 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 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
9. 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
10. 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
11. 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;
12. 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; or
13. Knowingly or, under circumstances manifesting extreme indifference to the value of human life, recklessly obstructs the breathing or blood circulation of a person who, with respect to the actor, meets the definition of a victim of domestic violence, by applying pressure on the throat or neck or blocking the nose or mouth of such person, thereby causing or attempting to cause bodily injury.
Penalties for Aggravated Assault in New Jersey
Aggravated assault under paragraph 1 or 6 is a crime of the second degree, punishable by a period of between 5 to 10 years in New Jersey State Prison, with 85% to be served under the No Early Release Act (NERA).
Aggravated assault under paragraph 8 is a crime of the second degree if the victim suffers significant or serious bodily injury; otherwise, it is a crime of the third degree.
Aggravated assault under paragraph 2, 7, 9, 10 or 11 is a crime of the third degree, punishable by a period of between 3 to 5 years in New Jersey State Prison.
Aggravated assault under paragraph 5 is a crime of the third degree if the victim suffers bodily injury; otherwise it is a crime of the fourth degree, punishable by a period of up to 18 months in New Jersey State Prison.
Aggravated assault under paragraph 3 or 4 is a crime of the fourth degree.
Aggravated assault under paragraph 12 or 13 is a crime of the third degree, but the presumption of non-imprisonment for a first offense of a crime of the third degree does not apply.
As to what constitutes bodily injury, significant bodily injury, and serious bodily injury, see the Related Definitions Subsection (codified under N.J.S.A. 2C:11-1).
Contact Totowa NJ Aggravated Assault Lawyer for Help
The Aggravated Assault statute is complicated and contains a variety of legal nuances. The consequences of a conviction for Aggravated Assault are permanent and severe. For these reasons, if you find yourself in a situation where you or a loved one have been charged with a violent offense including Aggravated Assault, it is important to contact a lawyer immediately.
Skilled, experienced criminal defense lawyer Alissa D. Hascup can help make sense of your charges and defend against them. Contact her office now at 862-257-1200 for a free consultation.