aggravated assault nj

Aggravated Assault Nj - Assault charges in New Jersey basically fall into two categories: simple assault and aggravated assault. Often, the type of harm caused and/or attempted and the status of "victim" determines which assault a person is charged with. The type of assault charge plays a large role in the potential sentence a person can expect if convicted. For example, if a person is charged with simple assault, which is considered disorderly conduct, they could face up to six months in county jail. Conversely, if a person is charged with aggravated assault, which is an indictable offense, they could face up to ten years in prison, depending on the extent of the charge. See below for more information on possible penalties for assault charges in New Jersey.

New Jersey, which overhauled its bail system in 2017, has no bail system comparable to the federal system. Essentially, New Jersey has done away with cash bail and now focuses on risk assessment when determining a bail requirement. As one can imagine, a claim of personal assault can be problematic for risk assessment. Worse still, if the incident had been classified as an 'act of domestic violence', the person would almost certainly have had to spend at least twenty-four hours in Somerset Prison for the pre-trial service to carry out a risk assessment. Depending on the risk assessment and the underlying nature of the charges, prosecutors must decide at the individual's central court hearing whether to seek formal detention. When prosecutors seek detention, it means they are trying to convince a judge that the defendant should be held in county jail without bail pending trial. For more information on Somerset County Detention Hearings, click the link.

Aggravated Assault Nj

All simple assault charges are handled in the local municipal court of the municipality where the incident occurred. For example, if someone is charged with simple assault at the Bridgewater Commons Mall, their case will be heard in Bridgewater Municipal Court. Conversely, if individuals are charged with aggravated assault at Bridgewater Commons Mall, their case will be transferred from Bridgewater Municipal Court to Somerset Superior Court in Somerville. Based on the underlying facts of the incident, the aggravated assault charge can be reduced to simple assault and sent back to the local municipal court. Once the charges are downgraded, they are no longer considered indictable crimes, but rather misdemeanors.

Aggravated Assault Defense Lawyer In New Jersey

Simple assault is a misdemeanor in New Jersey, and it is our misdemeanor. If convicted, people face up to six months in Somerset County Jail, a fine of up to $1,000, anger management, community service, probation and a criminal record. Aggravated assault charges, on the other hand, are charges, our version of a felony. To make matters even more complicated, aggravated assault charges can be considered second-, third-, or fourth-degree felonies. As noted above, the type of injury caused/attempted to be caused and the person (e.g., police, teacher, EMS) determine the extent to which a person can be charged. Depending on the degree, individuals can face up to ten years in prison, a fine of up to $150,000, community service, anger management, probation and a criminal record. For more information on aggravated assault charges in Somerset County, click the link.

Yes. Both simple and aggravated battery charges can be grounds for a temporary restraining order in New Jersey. If a temporary restraining order is issued, it will be in addition to the criminal charges. In other words, they are two different problems. All temporary restraining orders are filed in the Clerk's Office of the Family Division of the Superior Court in the county where the incident occurred. For more information about a temporary restraining order, including what it takes to make a temporary restraining order final, click the link.

Keith Oliver's criminal law attorneys have dedicated their careers to defending those charged with crimes including simple assault, aggravated assault, vehicular assault, assault with a deadly weapon, assault on a police officer, possession of a weapon, and possession of a weapon for an unlawful purpose. If you are located in Somerset or Hunterdon County, Redington, Somerville, Raritan, Bondbrook, Bridgewater, Clinton, Flemington, Bernards, Plainfield, Hillsboro or elsewhere and would like to speak with one of our attorneys about your options, please contact our Bridgewater office at 908.533.1064. One our attorney will be happy to learn more about the details of your case and develop a game plan to best defend against the charges.

Founding Partner Keith G. Oliver is passionate about helping those involved in the criminal justice system. He believes that everyone has the right to be innocent and that one mistake should not define a person forever. This passion forces Mr. Oliver to tirelessly fight for his clients and seek the best result in any case. If you have been charged with aggravated assault in New Jersey, you need to take the charge seriously. While simple assault is a disorderly person felony or misdemeanor, aggravated assault is an indictable felony or misdemeanor. If convicted, you can face large fines and jail time, as well as:

New Jersey Criminal Defense Lawyers

A conviction for causing grievous harm can haunt you for life as you seek employment, education or housing. You and your family's future may be at risk.

Here, we take a closer look at the potential fines and prison terms for aggravated assault in New Jersey under N.J.S.A. 2C:12-1(b). Remember: An arrest does not automatically result in a conviction. With the help of experienced criminal defense attorneys and former prosecutors like Jason A. Volet, you can defend your case and fight for your future. Contact us today to discuss your case.

If you are convicted of a second degree felony in New Jersey, you can face fines of up to $150,000 and 5-10 years in prison. You must also have served at least 85 percent of your sentence to be eligible for parole, according to the NERA. To prove that you are guilty of second degree aggravated assault, the prosecutor must prove that you did any of the following:

As you can see, it is important to know the difference between the three types of injuries when dealing with an aggravated battery claim.

Haddonfield, Nj Simple And Aggravated Sexual Assault Defense Attorney

An experienced NJ criminal defense attorney knows how to review the medical evidence in a case. For example, prosecutors may be forced to drop an aggravated battery charge rather than a simple battery charge if the evidence shows that the alleged victim suffered only bodily harm and not substantial or serious injury.

In New Jersey, a third-degree felony conviction can result in a fine of up to $15,000 and three to five years in prison. Many types of hard battery charging fall into this category. To be convicted of third-degree aggravated assault, the prosecutor must prove that you did one of the following:

In addition, you can be charged with third-degree aggravated assault if you commit a simple assault in the course of your official duties that results in any of the following injuries:

If simple assault against these employees does not result in bodily injury, then it is a felony of the fourth degree.

Assault Charges In Nj: Aggravated & Simple Assault Lawyers

If convicted of a fourth-degree felony in New Jersey, you could face a fine of up to $10,000 and up to 18 months in jail. For a fourth-degree aggravated battery charge, prosecutors must prove that you did any of the following:

Attorney Jason A. Volet, a former Monmouth County criminal prosecutor, now actively defends those charged with aggravated assault. During his career, he successfully prosecuted more than 2,000 criminal cases. He can go to work for you today.

Serious attacks lead to serious consequences. You need to start defending now. So don't wait for help from the Law Offices of Jason A. Volet. Call or contact us online today for a free, confidential consultation.

Jason A. Volet is a New Jersey Supreme Court-certified criminal trial attorney who focuses on criminal and municipal defense in New Jersey and New York. He received his B.A. in Political Science from Rutgers School in 1995 and J.D. in 1998 from Hofstra University School of Law. Mr. Volet began his career in the Monmouth County Prosecutor's Office where

Lakewood: Man Arrested For Aggravated Assault Against Female

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