According to authorities, a Paterson man was arrested after punching a one year-old boy in the stomach, causing the child to undergo emergency surgery on Christmas Day. Police allege that 37 year-old Jeanandre Desir gave his 5 year-old daughter a barbie doll so that she would lie to detectives and say that she hit the toddler in the stomach, instead of her father. Desir also allegedly paid his 8 year-old son $1 to corroborate his daughter’s story that she caused the toddler’s injury.
Over a week after the children provided their statements to detectives, the Passaic County Prosecutor’s Office received a call from child protective services workers, who stated that the two children allegedly admitted lying about what actually happened. Desir was arrested last week in the Bronx and charged with aggravated assault, child endangerment, witness tampering, and bribery of witnesses. Click here to read more at www.northjersey.com.
The state of New Jersey handles Aggravated Assault cases very seriously and penalties can be severe. Aggravated assault is codified under N.J.S.A. 2C:12-1b.
Penalties for aggravated assault are as follows:
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).
Also, Witness Tampering in New Jersey is codified under N.J.S.A. 2C:28-5, which provides:
a. Tampering. A person commits an offense if, believing that an official proceeding or investigation is pending or about to be instituted or has been institutes, he knowingly engages in conduct which a reasonable person would believe would cause a witness or informant to:
1. Testify or inform falsely;
2. Withhold any testimony, information, document or thing;
3. Elude legal process summoning him to testify or supply evidence;
4. Absent himself from any proceeding or investigation to which he has been legally summoned; or
5. Otherwise obstruct, delay, prevent or impede an official proceeding or investigation.
Witness tampering is a crime of the first degree if the conduct occurs in connection with an official proceeding or investigation involving any crime enumerated in the No Early Release Act (NERA), codified at N.J.S.A. 2C:43-7.2d, and the actor uses force or threat of force.
Witness tampering is a crime of the second degree if the actor uses force or threat of force. Otherwise, witness tampering is a crime of the third degree.
Other Witness Tampering Offenses
b. Retaliation Against Witness or Informant. A person commits an offense if he harms another by an unlawful act with purpose to retaliate for or on account of the service of another as a witness or informant. The offense is a crime of the second degree if the actor uses force or threat of force. Otherwise, it is a crime of the third degree.
c. Witness or Informant Taking Bribe. A person commits a crime of the third degree if he solicits, accepts or agrees to accept any benefit in consideration of his doing any of the things specified in paragraphs (1) through (5) above.
d. Bribery of Witness or Informant. A person commits a crime of the second degree if he directly or indirectly offers, confers or agrees to confer upon a witness or informant any benefit in consideration of the witness or informant doing any of the things specified in paragraphs (1) through (5) above.
Penalties for Witness Tampering are as follows:
A crime of the first degree is punishable by a term of imprisonment of between 10 and 20 years in New Jersey State Prison.
A crime of the second degree is punishable by a term of imprisonment of between 5 and 10 years in New Jersey State Prison.
A crime of the third degree is punishable by a term of imprisonment of up to 5 years in New Jersey State Prison.
If you or a loved one is charged with aggravated assault or witness tampering, you should contact a criminal defense attorney immediately. Former Morris County Prosecutor, Alissa D. Hascup is skilled and experienced at defending countless individuals throughout the state of New Jersey in towns like Wayne, Clifton, and Paterson. She is committed to ensuring your rights are protected in court and that you receive the best possible outcome for your case. Contact her office today for a free consultation. She is available 24/7 at 862-257-1200.
