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Phillipsburg Aggravated Assault Lawyers

Criminal Defense Attorneys in Sussex and Warren County, New Jersey

Aggravated Assault Lawyers in NJ

Aggravated Assault Lawyers in NJ

Aggravated assault is one of the many crimes set forth in the New Jersey Criminal Code that constitutes an “offense involving danger to the person.” Depending on the severity of the victim’s injury, what caused the injury, or who the victim is, an aggravated assault will be charged as either a fourth, third, or second degree crime. Regardless of the degree of the charges, these are all indictable crimes, which may result in a New Jersey State Prison sentence. In other words, aggravated assault charges should not be taken lightly because if you’re found guilty, you could end up behind bars.

The criminal defense attorneys at the our law firm in Sussex and Warren County have handled numerous aggravated assault cases in Newton, Belvidere, Phillipsburg, Hackettstown, and throughout New Jersey. If you’ve been charged with aggravated assault, contact our defense team to learn more about the charges, potential consequences, and how to start developing your defense strategy. We are available 24/7 to provide consultations free of charge. Simply call 973-755-1695 today.

Here is a review from one of the many satisfied Tormey Law Firm clients:

“Exceeded my expectations, Highly Professional Attorney”

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“Mr. Tormey is a great attorney and very knowledgeable not only with the entire array of municipal court statutes processes and procedures but also superior court matters. You can rely on Travis to find the most effective method of disposing of your matter without the hidden or additional penalties. Travis was very well known and respected in the municipal courts where he represented me and it made a difference as the prosecutor and Judge acknowledged him and were more then willing to work out the best results for me. Travis will give it to you straight and completely explain how the procedure will go, as he fights your case aggressively. Great Attorney”

Aggravated Assault Defense Lawyer in Sparta NJ

Pursuant to the New Jersey Criminal Code, N.J.S.A. 2C:12-1(b), person is guilty of aggravated assault if he:

1) Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury, which is a crime of the second degree; or

2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon, which is a crime of the third degree; or

3) Recklessly causes bodily injury to another with a deadly weapon, which is a crime of the fourth degree; 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, which is a crime of the fourth degree.

Likewise, pursuant to N.J.S.A. 2C:12-1(b)(7), a person who attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under the circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury, which is a crime of the third degree.

When Simple Assault Becomes Aggravated Assault in New Jersey

In addition to the specifically enumerated types of aggravated assault, there are also categories of the offense that depend solely in the identity of the victim, regardless of the extent of bodily injury. For example, pursuant to N.J.S.A. 2C:12-1(b)(5), aggravated assault also occurs when the actor commits simple assault upon law enforcement, first aid or medical service providers, school teachers, Division of Child Protection and Permanency (DCP&P) employees, a judge of the New Jersey Court, corrections officer, sheriff, or healthcare worker, in which case it will be a third degree crime if the victim suffers bodily injury. Another situation in which causing any bodily injury will constitute aggravated assault is causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer or while operating a motor vehicle which is a second degree crime pursuant to N.J.S.A. 2C:12-1(b)(6).

New Jersey Aggravated Assault Sentencing Guidelines

As mentioned above, aggravated assault may be classified as a fourth, third, or second degree crime. Under New Jersey’s sentencing guidelines, a fourth degree crime carries a fine of up to $10,000 and 18 months of incarceration; a third degree crime imposes a fine of up to $15,000 and three to five years in prison, and a second degree crime subjects the defendant to a fine of up to $150,000 and five to ten years in prison.

NOTE: Because aggravated assault is a violent crime in New Jersey, a defendant who is convicted of this offense must serve 85% of his or her prison sentence before becoming eligible for parole under the No Early Release Act (NERA).

Aggravated Assault Committed During Domestic Violence Dispute

If your aggravated assault charges were allegedly committed during a domestic violence altercation, your charges must be issued on a warrant and you will be taken to the Sussex County jail. A Judge will then review your bail within 24-48 hours to determine whether or not you will be released while the case is going on.

In addition to criminal charges for aggravated assault, the alleged victim can also file a temporary restraining order (TRO) which will be handled in the Family Division of the Superior Court. These are two different cases which will be handled by two different courts and Judges and have different standards of proof. The criminal case will be handled in the criminal division of the Superior Court and the charges must be proven beyond a reasonable doubt. The restraining order is civil in nature and will be handled in the Family Division of the Superior Court with a civil standard of proof – more likely than not – known as a preponderance of the evidence.

Contact Newton Aggravated Assault Lawyers for a Free Consultation

Aggravated assault cases depend on the totality of the circumstances and can often hinge on a subtle nuance such as whether or not the victim suffered serious bodily injury versus significant bodily injury, or if a circumstance manifests extreme indifference to the value of human life. The bottom line is that having an experienced criminal defense attorney at our firm handle your case is one of the most important steps you can take if you have been charged with aggravated assault in Sussex or Warren County. Contact us today at 973-755-1695 to speak with one of our seasoned criminal defense attorneys and learn how we can help you.

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Our attorneys serve clients in Allamuchy, Andover, Belvidere, Frankford Township, Greenwich, Franklin Borough, Hackettstown, Hopatcong, Lopatcong Township, Newton, Mansfield Township, Sparta, North Warren, Vernon, Phillipsburg, Wantage, Pohatcong Township, Stillwater, Washington Borough, and throughout Sussex County and Warren County, New Jersey.


The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.