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Experienced Aggravated Assault Attorney
New Jersey law categorizes assault into two distinct offenses, which are simple assault and aggravated assault. The difference hangs on details like using a weapon, aiming at a protected person, or creating a real risk of serious harm. Even without an actual injury, a dangerous act can still count as aggravated assault. Offenses such as attempted murder, robbery, and sexual assault are charged under their own laws. Aggravated assault itself is a felony, and it brings stiff penalties.
If police have arrested you or you are being questioned for assault or resisting arrest, you do not have to tackle this alone. Adam M. Lustberg and the team at Lustberg Law Offices, LLC, stand ready to help. Our team of New Jersey criminal defense lawyers has guided hundreds of clients in Hackensack, Paramus, Fort Lee, Garfield, Newark, and beyond. Speak with a Hackensack aggravated assault attorney who can review your case, lay out your options in plain language, and fight for the most favorable result possible.
Let our team leverage its skills and experience to guide you through this challenging time. Call (201) 880-5311 today and get the support you need.
Aggravated assault covers more situations than most people realize. Here are a few everyday scenarios courts treat seriously:
If you or your loved one has been charged after any of these incidents, don’t hesitate to seek legal assistance. Contact us today at (201) 880-5311. Our skilled team at Lustberg Law Offices, LLC is ready to provide you with the legal counsel you need.
Aggravated assault is treated as a highly serious crime in New Jersey, often classified as a felony depending on the case specifics. This crime involves an attacker attempting to or intentionally causing significant physical harm to another person, or causing injury using a deadly weapon. This is deemed more severe than simple assault, with the severity typically resting on the perpetrator’s intent, the degree of injury caused, and the use of a weapon.
Aggravated assault, as outlined in N.J.S.A. 2C:12-1b, involves an attempt to “cause serious bodily injury to another,” or inflicting harm through intentional, knowing, or reckless actions demonstrating “extreme indifference to the value of human life.” To convince the court of an aggravated assault charge, the prosecutor must prove that the defendant committed the assault knowingly and recklessly. The use of a deadly weapon, such as a gun or knife, or whether the assault posed a risk of death or permanent injury or disfigurement, are factors used to establish the defendant’s conduct.
It’s crucial to recognize that aggravated assault charges often accompany criminal weapons charges, which can result in harsher penalties. Many weapons offenses in New Jersey demand mandatory minimum incarceration terms. Therefore, the stakes are high, and it’s essential to have experienced legal counsel.
Within the New Jersey criminal justice system, a crucial distinction exists between aggravated assault and simple assault charges. Aggravated assault is a felony, tried in superior court, which can lead to a state prison sentence of up to ten (10) years. On the other hand, simple assault is a disorderly person offense handled in a municipal court with significantly less severe penalties. If the assault was against a public employee or official, such as a police officer, what would otherwise be considered a simple assault may rise to a charge of aggravated assault. Depending on the circumstances of your case, Bergen County criminal lawyer Adam M. Lustberg may be able to get your assault charge reduced from aggravated assault to a simple assault charge. This would greatly lessen the potential penalties involved.
When facing charges of aggravated assault, it’s crucial to engage the services of a seasoned aggravated assault attorney. A skilled attorney can be instrumental in securing a reduced sentence, or even the dismissal of your charges.
At Lustberg Law Offices, LLC, top-rated New Jersey attorney Adam M. Lustberg and our team of accomplished lawyers are prepared to provide the legal assistance you need. Schedule a free consultation today by calling (201) 880-5311.
| Aspect | Definition / Criteria | Penalties / Consequences |
|---|---|---|
| Simple assault (general) | Attempt to or recklessly cause bodily injury; negligent injury with a deadly weapon; or causing fear of imminent serious bodily injury | Up to 6 months in jail; up to $1,000 fine; possible probation, community service, or counseling |
| Petty disorderly persons | Occurs within a consensual fight or scuffle | Up to 30 days in jail; up to $500 fine |
| Enhanced penalties | Victim is a protected individual (e.g. police officer, teacher) or incident involves a child or school zone | Can be elevated to aggravated assault; penalties range from 18 months to 10 years in prison and higher fines |
New Jersey has two types of assault charges: simple assault and aggravated assault. Aggravated assault, which is the more severe of both the charges, is determined by the facts surrounding the crime.
Simple assault is a less serious form of assault and typically involves less severe injuries or threatening behavior. It is classified as a disorderly persons offense in New Jersey, which is akin to a misdemeanor in other states.
There are several ways in which an act can qualify as simple assault, including:
Penalties for simple assault may include fines, probation, community service, and possible imprisonment for up to 6 months.
Bodily injury refers to any form of pain or illness that causes physical discomfort, as well as impairment of a person’s ability to function normally. This definition covers any type of pain that the victim feels.
Aggravated assault is a more serious offense compared to simple assault and typically involves more severe injuries, the use of a weapon, or other aggravating factors that make the offense more dangerous.
There are several circumstances that can elevate an assault to aggravated assault in New Jersey, such as:
Penalties for aggravated assault can be quite severe and may include significant fines and a prison sentence, the length of which depends on the specific circumstances of the case.
It’s important to note that New Jersey law allows for a wide range of potential charges and penalties within the categories of simple and aggravated assault, depending on the specific facts and circumstances of each case. The severity of the assault, the presence of any aggravating factors, and the defendant’s criminal history can all influence the charges and potential penalties.
If you or someone you know is facing assault charges in New Jersey, it’s crucial to consult with an experienced attorney who can provide legal guidance and help address the challenges of the legal system to ensure the best possible outcome for the case.
With a career built on unwavering commitment to criminal defense, Adam M. Lustberg has established himself as a trusted Hackensack aggravated assault attorney. His legal journey began at the Essex County Public Defender’s Office during his first year at Seton Hall University School of Law, and he returned in his third year through the Juvenile Justice Clinic, gaining hands-on courtroom experience early on. Since earning his law degree in 2004, Mr. Lustberg has represented clients at every stage of the criminal justice process, from arraignments to jury trials. He has appeared at over 30 detention hearings under New Jersey’s reformed criminal justice system and is known for his meticulous preparation and aggressive advocacy.
Licensed in both New Jersey and New York, Mr. Lustberg has defended clients facing serious charges such as aggravated assault, manslaughter, unlawful weapons possession, and homicide. His commitment to protecting his clients’ rights has earned him a perfect 10.0 Avvo rating and a place on multiple prestigious lists, including Super Lawyers’ “Rising Stars” and The National Trial Lawyers Top 100. He works closely with clients, prosecutors, and the courts to seek the most favorable outcomes and is an active member of numerous professional legal organizations. When your freedom is on the line, turn to Adam M. Lustberg for experienced, strategic representation.
When you are charged with aggravated assault, the degree of your offense will determine the penalties if you are convicted.
A person can be charged with fourth-degree aggravated assault if they commit the following acts:
Penalties for fourth-degree aggravated assault can include up to 18 months in prison and a fine of $10,000.
Third-degree aggravated assault involves the following aggravating circumstances:
Conviction for third-degree aggravated assault can result in 3 to 5 years in prison and a fine of $15,000.
Second-degree aggravated assault involves the following aggravating circumstances:
Penalties for second-degree aggravated assault can include 5 to 10 years in prison and a fine of $150,000.
Additional factors on whether you are charged with a fourth-degree, third-degree, or second-degree offense can also include the following:
Working with an experienced lawyer can help in understanding the circumstances surrounding your charges. A skilled attorney is instrumental in building a tailored legal defense strategy aimed at protecting your best interests and securing a case dismissal or a reduction of the charges. Contact Lustberg Law Offices, LLC today to schedule a free consultation.
Under New Jersey’s No Early Release Act (NERA), certain violent convictions come with a hard 85% rule. If you are found guilty of second-degree aggravated assault in Hackensack, the judge must set a minimum term equal to 85% of the sentence before the parole board even looks at your file. No credits, no shortcuts.
NERA sits in section 2C:43-7.2 of the state criminal code, and it expressly lists aggravated assault among the covered crimes, right next to robbery and kidnapping. Judges have no discretion to waive this floor. State prosecutors often demand it.
For a five-year prison term, NERA locks you in for at least four years and three months. A seven-year stint means five years and eleven months behind bars, while the statutory ten-year maximum becomes eight years and six months. Only after you cross that threshold can standard good-time credits shave down the remaining balance.
Even once you walk out, NERA keeps its grip. A second-degree assault conviction carries a mandatory three-year parole supervision term that starts the day you leave prison. Slip up and you could be sent back to serve any leftover time.
An experienced Hackensack aggravated assault attorney can challenge the evidence, negotiate for a lower degree, or highlight mitigating factors that move your case outside the NERA list altogether. Your lawyer can also calculate every day of jail and work credits, so the court does not add a single extra hour. The sooner you get counsel, the more options stay on the table.
We have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.
Aggravated assault in New Jersey is always an indictable crime, meaning a felony record looms over you. A second-degree charge carries 5 to 10 years in state prison and a potential six-figure fine, while a third-degree count risks 3 to 5 years behind bars and up to fifteen thousand dollars. Fourth-degree still means up to eighteen months in custody.
Police reports, medical records, surveillance video, and social media posts can each shift a case from dismissal to conviction. A seasoned defense attorney can poke holes in evidence, line up witnesses, and reveal self-defense or mistaken identity. You may also qualify for Pre-Trial Intervention or a negotiated downgrade to simple assault, but the prosecutor rarely offers it without a strong legal push.
Time is short. From the moment you are charged, judges can impose no-contact orders, set high bail, and schedule a detention hearing within days. Miss a filing deadline, and key evidence might be locked out.
Hiring a lawyer lets you relax a little while the legal work gets done. Your attorney can attend early hearings, talk directly with the prosecutor, and keep you off the record. More importantly, good advocacy can reduce degrees, shorten sentences, or win an outright dismissal. If your livelihood, immigration status, or firearm rights matter to you, speaking with an aggravated assault lawyer as soon as possible is not a luxury. It is a smart move.
Top-rated defense lawyer Adam M. Lustberg and our team of experienced attorneys at Lustberg Law Offices, LLC, work diligently to provide quality legal strategies tailored to each client’s specific circumstances. Our team is committed to providing strong advocacy aimed at protecting our clients’ rights and securing the most favorable possible outcome. Contact us today.
During a trial, the prosecution must prove their case against you beyond a reasonable doubt. With a competent, skilled NJ aggravated assault lawyer on your side, some successful defense strategies may include proving the following:
If you’ve been charged with aggravated assault in New Jersey, it is critical that you have an attorney who can build a solid, aggressive defense against those accusations. If you are convicted of aggravated assault without an attorney who may have been able to negotiate reduced or dismissed charges or a reduced sentence, years of incarceration may be unavoidable. Defense lawyer Adam M. Lustberg and our team of experienced lawyers at Lustberg Law Offices, LLC will work hard to provide you with the best legal defense possible.
Hackensack criminal attorney Adam M. Lustberg has a proven track record of more than a decade of effectively representing individuals accused of violent crimes in NJ, including aggravated assault and simple assault. Without a competent aggravated assault lawyer helping you contest the charges, you may be incarcerated for years.
Lustberg Law Offices, LLC, understands the importance of having a solid defense team when facing charges of assault. Our team of experienced aggravated assault lawyers works diligently to fight for our clients’ rights. With so much at stake, protect yourself now by contacting Lustberg Law Offices, LLC, today. Begin the fight to ensure the best odds for your freedom.
Contact us today at (201) 880-5311 to schedule a consultation.
