Aggravated Assault Charges in Union County, NJ? Brett M. Rosen, Esq. Offers Expert Defense.
Aggravated Assault Attorney in Union County, NJ
Aggravated Assault Attorney Union County, NJ
Are you or a loved one facing aggravated assault charges in Union County, New Jersey? This is a grave accusation with severe consequences, including substantial prison time, hefty fines, and a lasting criminal record. You need an experienced and aggressive legal advocate to protect your rights and freedom.
Brett M. Rosen, Esq. is a leading criminal defense lawyer in New Jersey with a proven track record of success in defending clients against aggravated assault charges. We understand the intricacies of New Jersey assault laws, the nuances of the local court system, and the aggressive tactics employed by prosecutors. Our unwavering commitment to our clients, combined with our thorough knowledge of the law, sets us apart as the premier choice for those facing aggravated assault charges in Union County.
Understanding Aggravated Assault in New Jersey: N.J.S.A. 2C:12-1b
Aggravated assault, defined in N.J.S.A. 2C:12-1b, is a more serious offense than simple assault. It involves causing or attempting to cause serious bodily injury to another person, or causing bodily injury with a deadly weapon.
Degrees of Aggravated Assault in New Jersey
The severity of an aggravated assault charge is determined by the degree of the offense:
- Second Degree: This is the most serious form of aggravated assault and involves causing serious bodily injury purposely or knowingly under circumstances manifesting extreme indifference to the value of human life, or causing or attempting to cause serious bodily injury with a deadly weapon.
- Third Degree: This includes causing or attempting to cause significant bodily injury purposely or knowingly, or causing bodily injury recklessly with extreme indifference to the value of human life.
- Fourth Degree: This includes pointing a firearm at another person, causing bodily injury to a law enforcement officer, or causing bodily injury while eluding or attempting to elude a police officer.
Penalties for Aggravated Assault in Union County
The penalties for aggravated assault in New Jersey are severe and can include:
- Second-Degree Aggravated Assault:
- Imprisonment: 5-10 years in state prison.
- Fines: Up to $150,000
- Third-Degree Aggravated Assault:
- Imprisonment: 3-5 years in state prison.
- Fines: Up to $15,000
- Fourth-Degree Aggravated Assault:
- Imprisonment: Up to 18 months in prison.
- Fines: Up to $10,000
In addition to these penalties, a conviction for aggravated assault can result in:
- Restitution: You may be ordered to pay restitution to the victim for medical expenses, lost wages, and other damages resulting from the assault.
- Loss of Gun Rights: You may lose your right to own or possess firearms.
- Difficulties with Employment and Housing: A criminal record can make it difficult to find employment, housing, or obtain professional licenses.
- Deportation: If you are not a U.S. citizen, a conviction for aggravated assault can lead to deportation.
N.J.S.A. 2C:12-1b Degrees & Penalties: New Jersey Aggravated Assault Charges and Consequences
Detailed spreadsheet of penalties for aggravated assault in New Jersey under N.J.S.A. 2C:12-1b. Understand the different degrees and potential consequences of these serious charges.
| Offense | Degree of Crime | Prison Sentence | Fine | Additional Penalties & Notes |
| Aggravated assault (attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly under certain circumstances) | 2nd Degree | 5 – 10 years | Up to $150K | 85% parole ineligibility (NERA) |
| Aggravated assault (attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon) | 3rd Degree | 3 – 5 years | Up to $15K | |
| Aggravated assault (commits a simple assault on law enforcement, firefighter, teacher) | 4th Degree | Up to 18 months | Up to $10K | |
| Aggravated assault (recklessly causes bodily injury to another with a deadly weapon) | 4th Degree | Up to 18 months | Up to $10K | |
| Aggravated assault (points a firearm at or in the direction of another) | 4th Degree | Up to 18 months | Up to $10K | If firearm is loaded, may be subject to the Graves Act. |
| Aggravated assault on law enforcement officer, firefighter, teacher, or EMS | 3rd Degree | 3 – 5 years | Up to $15K | Additional 3-5 years if bodily injury occurs. Additional penalties if a firearm is used. |
| Aggravated assault (causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer) | 2nd Degree | 5 – 10 years | Up to $150K | 85% parole ineligibility (NERA) |
How Brett M. Rosen, Esq., Can Defend You Against Aggravated Assault Charges
Facing aggravated assault charges is a daunting prospect. Brett M. Rosen, Esq., is here to provide you with the experienced, dedicated, and aggressive legal representation you need. We will:
- Thoroughly Investigate the Case: We will leave no stone unturned in our investigation, examining all evidence, including witness statements, medical records, police reports, and any video footage. We will also conduct our own independent investigation to gather additional evidence to support your defense.
- Challenge the Prosecution’s Case: We will meticulously scrutinize the evidence against you, cross-examine witnesses, and challenge the prosecution’s narrative. We will look for any inconsistencies, biases, or procedural errors that could weaken their case.
- Identify and Pursue Legal Defenses: We will tailor a defense strategy to your unique circumstances, exploring all available legal options.
- Negotiate with Prosecutors: We will work tirelessly to negotiate with the prosecution to seek reduced charges, alternative sentencing options, or dismissal of the case if possible.
- Provide Aggressive Representation in Court: If your case goes to trial, we will provide you with experienced and zealous representation in court. We will fight for your rights, challenge the prosecution’s evidence, and present a compelling case in your defense.
Potential Defenses Against Aggravated Assault Charges in Union County
Each case is unique, and the specific defense strategy will depend on the facts and circumstances of your situation. However, some common defenses we may explore include:
- Self-Defense: If you were acting in self-defense or defense of others and the force used was reasonable under the circumstances, this could be a valid defense.
- Lack of Intent: In some cases, the prosecution must prove that you acted intentionally or recklessly. We may argue that you did not have the required intent or that your actions were accidental.
- Consent: If the alleged victim consented to the physical contact, this could be a defense, although this is highly dependent on the specific circumstances of the case.
- Insufficient Evidence: If the prosecution’s evidence is weak, contradictory, or unreliable, we can argue that they have not met their burden of proof.
- False Accusation: We will thoroughly investigate the motivations and credibility of the accuser. If we can demonstrate that the accusation is false or motivated by malice, revenge, or other ulterior motives, this can be a powerful defense.
- Intoxication: While voluntary intoxication is not a defense to aggravated assault, it may be relevant in certain situations, such as if it impacted your ability to form the required intent.
Frequently Asked Questions (FAQs)
- What should I do if I am accused of aggravated assault in Union County, NJ? The most important thing is to remain silent and immediately contact an experienced criminal defense attorney like Brett M. Rosen, Esq. Do not speak to the police or anyone else about the incident without legal counsel present.
- What are the penalties for aggravated assault in Union County, New Jersey? The penalties depend on the degree of the offense and can range from 18 months to 20 years in prison, as well as significant fines.
- What is the difference between simple assault and aggravated assault? Simple assault typically involves less serious injuries or threats, while aggravated assault involves serious bodily injury, the use of a deadly weapon, or other aggravating factors.
- What if the alleged victim doesn’t want to press charges? Even if the alleged victim doesn’t want to press charges, the prosecutor may still pursue the case if they believe there is enough evidence to support the charges.
- Can I be charged with aggravated assault even if I didn’t use a weapon? Yes, you can be charged with aggravated assault if you cause or attempt to cause serious bodily injury to another person, even without a weapon.
- What is the No Early Release Act (NERA)? The NERA is a New Jersey law that requires certain violent offenders, including those convicted of some aggravated assaults, to serve at least 85% of their sentence before becoming eligible for parole.
- What is the role of the Union County Prosecutor’s Office in aggravated assault cases? The Union County Prosecutor’s Office is responsible for prosecuting aggravated assault cases in Union County. They will investigate the allegations, gather evidence, and present the case against you in court.
Don’t Face Aggravated Assault Charges Alone – Contact Brett M. Rosen, Esq. Today
An aggravated assault charge in Union County, New Jersey is a serious matter with severe consequences. Don’t risk your future by trying to navigate the legal system alone. Contact Brett M. Rosen, Esq., for a free consultation. We will review your case, explain your options, and develop a personalized defense strategy to protect your rights and freedom.
Call us today at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com for a free consultation.