What is aggravated assault?

In New Jersey, aggravated assault is any crime that includes attempted murder, theft, and/or assault with a dangerous or deadly weapon. This is a felony in New Jersey that carries severe penalties.

Can aggravated assault charges be dropped in NJ?

Aggravated attack charges, as with any criminal charge, can also be dropped. Most cases are dropped when the prosecutor realizes that there is not enough evidence to convict the defendant or when the evidence suggests that the case should have been dismissed.

How much time do you get for aggravated assault in NJ?

Simple assault is a disorderly persons offense in New Jersey. However, aggravated assault is a felony and is an indictable offense. An aggravated assault conviction could result in an imprisonment sentence of 18 months to 10 years, depending upon the degree.

What degree of crime is aggravated assault in NJ?

The degree that the aggravated assault defendant is charged will depend on the facts of the case and the extent of the injuries sustained by the victim. A Fourth-Degree aggravated assault conviction can lead to a maximum sentence of 18 months in prison, and a maximum fine of $10,000.

What is the lowest form of assault?

Misdemeanor assault is the least serious form of assault and battery crime and often doesn't cause serious injury. This is known as simple assault.

What evidence do you need for aggravated assault?

The prosecution must prove that either the defendant made an attempt or succeeded in a physical attack, or that he threatened or attempted to attack the victim. The prosecutor must also prove the facts that made the assault aggravated. This means that the defendant used a deadly weapon, inflicted serious injury, committed the attack in furtherance of another crime, or targeted a protected class of victim, such as a school employee, police officer, elderly, or another vulnerable person.

Why should I hire Lustberg Law Offices?

A criminal conviction can have devastating consequences. Not only can criminal charges affect your life, but also those of your family, friends, and partners. Adam M. Lustberg, an NJ criminal defense attorney at Lustberg Law Offices, LLC, understands the impact a criminal conviction can have on your relationships, career prospects, and earning potential. We are here to help. Mr. Lustberg, a New Jersey criminal lawyer of top quality, is known for aggressively representing his clients in courtrooms and has a track record of winning.

How much do I pay for a consultation?

Lustberg Law Offices, LLC offers a free consultation. If you have been charged with arson, getting the help of a skilled New Jersey criminal defense attorney is very important. We can help you navigate the complexities of the justice system.

Where is your office located?

Our New Jersey law office is located at One University Plaza Dr Suite 210, Hackensack, NJ 07601. If you'd like to visit us, feel free to do so. We are open 24 hours a day, 7 days a week.

How can I contact you?

If you need the help of a New Jersey criminal defense attorney, you can call us at (201) 880-5311. You can also send us an email at adam@lustberglaw.com. Another way to contact us is by filling up the contact form on our website at https://www.lustberglaw.com/contact-us/

Experienced Aggravated Assault Attorney

Experienced Aggravated Assault Attorney - Lustberg Law Offices Defense Lawyers - Aggravated Assault Lawyer - New Jersey Assault Lawyer

In New Jersey, the distinction between aggravated and simple assault hinges on specific acts, intent, circumstances, and conditions. Aspects such as the use of a weapon, the defendant’s relationship to the victim, the intent to commit an offense, and the severity of the injury allegedly caused all play a role in this classification. In some cases, an injury doesn’t necessarily have to occur for an act to still be considered aggravated assault. Under New Jersey law, aggravated assault covers Crimes that include attempted murder, robbery, rape, or assault with a deadly or dangerous weapon typically fall within the realm of aggravated assault. In New Jersey, this is a felony, carrying severe penalties.

Whether you’ve been arrested or are a suspect in an assault investigation, you need not face this daunting situation alone. Adam M. Lustberg, a dedicated Hackensack aggravated assault attorney, together with the team at Lustberg Law Offices, LLC, is ready to support you. With over a decade of experience, our New Jersey criminal defense lawyers have successfully represented hundreds of defendants charged with violent crimes in Hackensack, Paramus, Fort Lee, Garfield, Newark, and other areas across New Jersey.

Get in touch with Lustberg Law Offices today for a comprehensive review of your case and quality advice on your available options. Let our team leverage their skills and experience to guide you through this challenging time.

Examples Of Aggravated Assault In The Real World

Aggravated assault encompasses a wide range of actions. Here are some real-world examples:

An instance where a punch to the head leads to a fracture or loss of consciousness.
Pointing a gun or handgun at someone, regardless of whether it is real, loaded, or not.
Physical harm to a police officer through actions like punching, slapping, or pushing.
Using seemingly harmless items like a pencil, pen, or umbrella to stab someone. In these scenarios, the item is deemed a deadly weapon due to its use.

If you or a loved one find yourself facing charges related to any such incidents, don’t hesitate to seek legal assistance. Contact us today at (201) 880-5311. Our skilled team at Lustberg Law Offices is ready to provide you with the expert legal counsel you need.

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Aggravated Assault Is a Felony in New Jersey Under N.J.S.A. 2C:12-1b

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. By contrast, simple assault is a disorderly person offense that will be handled in a municipal court and that carries 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, 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	Simple Assault	Aggravated Assault
Severity	Less severe injuries or threats	More severe injuries or weapons
Classification	Disorderly persons offense	More serious criminal offense
Types of Acts	Attempting/reckless/negligent	Serious bodily injury, weapon, assaulting officials
Penalties	Fines, probation, max 6 months	Significant fines, imprisonment, harsher record
Injury Definition	Physical discomfort/impairment	Risk of death/disfigurement/lasting pain
Use of Deadly Weapon	Rarely associated	Often involves deadly weapons
Targeted Individuals	General assault victims	May involve specific officials or victims
Aggravating Factors	Few aggravating factors	Multiple factors increasing danger

The Difference Between Simple Vs. Aggravated Assault

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.

Definition of Simple Assault

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:

Attempting to cause bodily injury to another person, whether intentionally, recklessly, or negligently.
Causing bodily injury to another person, even if it was not intentional but resulted from reckless or negligent behavior.
Threatening another person with bodily harm, which puts them in fear of imminent serious bodily injury.

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.

Definition of Aggravated Assault

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:

Causing serious bodily injury to another person, which includes injuries that risk death or cause significant disfigurement, loss or impairment of a bodily function, or lasting pain.
Using a deadly weapon (e.g., firearm, knife) during the commission of the assault.
Assaulting certain individuals, such as law enforcement officers, firefighters, or emergency medical personnel, while they are performing their official duties.
Committing an assault while committing certain other crimes, such as robbery or burglary.

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 navigate the complexities of the legal system to ensure the best possible outcome for the case.

Criminal Defense Lawyer Adam M. Lustberg Explains the Penalties for an Aggravated Assault Conviction

When you are charged with aggravated assault, the degree of your offense will determine the penalties if you are convicted.

Fourth-Degree Aggravated Assault

A person can be charged with fourth-degree aggravated assault if they commit the following acts:

Causing reckless bodily injury on another person with the use of a deadly weapon
Pointing a firearm – loaded, real, or fake – towards another person
Committing the act of simple assault towards a designated group such as a police officer, emergency responder, public employee or a schoolteacher.

Penalties for fourth-degree aggravated assault can include up to 18 months in prison and a fine of $10,000.

Third-Degree Aggravated Assault

Third-degree aggravated assault involves the following aggravating circumstances:

Pointing a firearm at law enforcement, regardless if the firearm is loaded, real, or a fake.
Setting a fire that causes significant injury to emergency responders
Deliberately choking a domestic partner or any family member

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:

Second-degree aggravated assault involves the following aggravating circumstances:

Causing injury to another person while fleeing or attempting to flee from law enforcement
Setting a fire that causes serious bodily harm to emergency responders
Attempting to or intentionally causing serious bodily injury with extreme indifference to the value of human life. Extreme indifference to human life reflects a serious lack of regard to the welfare of others and is seen as a serious aggravating factor in assault cases.

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:

Location of the assault.
Bodily injury caused by the assault.
Whether the victim was a minor.
Your prior criminal history, if any.
Whether you are charged with other crimes in addition to the assault.

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.

We have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.

Do I Need an Aggravated Assault Lawyer?

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:

The action was not purposeful, and the accused did not act with the required intent.
The defendant acted in self-defense or in the defense of another person.
The accused did not have the ability to cause severe bodily harm.
The defendant was wrongly charged.

Top-rated defense lawyer Adam M. Lustberg and our team of experienced attorneys at Lustberg Law Offices 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 best possible outcome. Contact us today.

Criminal Defense Lawyers at Lustberg Law Offices, LLC Discuss What Powerful Defense Against Hackensack Aggravated Assault Charges

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 will work hard to provide you with the best legal defense possible.

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"Luckily ive only had to use mr.lustbergs services once but i will forever say he is the best lawyer in the world! He’s always available to answer any questions i have and is always happy to help even months after having all my charges dismissed. I’d give more then 5 stars if i could."

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Contact Lustberg Law Today To Speak With Aggravated Assault Attorneys Who May Be Able To Fight for Your Rights Regarding Aggravated Assault Charges

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 understand the importance of having a solid defense team when facing charges of assault. Our team of experienced aggravated assault lawyers will work hard to fight for your rights and may be able to help protect your freedom. With so much at stake, protect yourself now by calling or emailing Lustberg Law today to begin the fight to ensure the best odds for your freedom.

Contact us today at (201) 880-5311 to schedule a consultation.

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