Gloucester Township Aggravated Assault Defense Lawyers
In accordance with N.J.S.A. 2C:12-1(b)(1), you can be convicted of an aggravated assault offense where “serious bodily injury” is involved. The violation is triggered if you attempt or cause this type of damage under the circumstances set forth on this page. Irrespective, this charge is an indictable crime, the equivalent of a felony, that may only be dealt with at the Camden Superior Court. Whether you were arrested and charged with this offense in Gloucester Township, Cherry Hill, Pennsauken, Lindenwold, Winslow or another municipality in Camden County, the case must be sent to the county courthouse for resolution. The attorneys at Marshall, Bonus, Proetta & Oliver, have extensive experience handling this variety of aggravated assault charge as both prosecutors and also from the defense perspective. In fact, we have over 100 years of combined experience between us defending those faced with cases like yours. To speak to an attorney immediately, call our Cherry Hill Office for a free consultation.
Aggravated Assault Under N.J.S.A. 2C:12-1(b)(1)
N.J.S.A. 2C:12-1(b)(1) outlines the circumstances where an aggravated assault involving serious bodily injury can be triggered. In this regard, you may be convicted for this offense if you: (1) attempt to cause serious bodily injury to another; (2) purposely cause bodily injury to another; or (3) knowingly and recklessly cause serious bodily injury to another under circumstances manifesting extreme indifference to the value of human life. The following is an explanation of some of the more important considerations under these categories.
- Attempt to Cause Serious Bodily Injury. The pivotal consideration here is that this type of aggravated assault is triggered even if no injury is actually sustained. As long as the accused attempted to cause serious bodily injury, a violation under this category has occurred. If the prosecutor can establish that it was the defendant’s conscious object to cause such an injury and he/she took a substantial step to fulfill this objective, you may be convicted for attempting to cause serious bodily injury. This type of aggravated assault is a second degree crime.
- Causing Serious Bodily Injury. Purposely causing someone to sustain serious bodily injury is also a second degree crime.
- Recklessly Causing Serious Bodily Injury. An individual is exposed to this category of aggravated assault, which is also a second degree crime, where they knowingly engage in conduct notwithstanding the fact that it manifests an extreme indifference to the value of human life. The recklessness shown must involve a conscious disregard of the risk of human life. This variety of offense is very similar to Assault by Auto although more detailed grading rules apply to that charge.
- Definition of “Serious Bodily Injury”. Serious bodily injury is defined as an injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
- Penalties. Second degree aggravated assault under this section carries a fine of up to $150,000 and a state prison term of up to 10 years. The provisions of the No Early Release Act also apply. This results in a mandatory minimum term of imprisonment (a.k.a. period of parole ineligibility) of eight-five percent of the sentence imposed. A defendant must serve this time before he/she is eligible for parole.
Cherry Hill Aggravated Assault Attorneys
Since our Camden County office is located in Cherry Hill, we are certainly equipped to serve those charged with aggravated assault in the municipality. This location also allows us to serve the other communities of the county including Pine Hill, Haddon Township, Gloucester City and Berlin. If you have been charged with aggravated assault because you attempted or caused serious bodily injury to another person, our attorneys are ready to serve you. To speak to a lawyer immediately, call our Cherry Hill Office at 856-662-8300.