Aggravated assault is a very common charge. A bar fight that may otherwise lead to misdemeanor charges can quickly turn into felony aggravated assault charges depending on the injuries involved. As aggravated assault is an indictable felony charge, you may be facing prison time and many other penalties.
Assaults in can be charged as simple assault or aggravated assault. There are also many levels of assault based on many factors, including whether a weapon was used, the severity of the victim's injuries, and whether the victim has special protection under the law.
Aggravated assault may be charged in many scenarios, most of which are based on whether the defendant tried to cause or did cause some type of bodily injury. It is considered aggravated assault to:
Regardless of the degree of the aggravated assault charge you are facing, you may be looking at prison time, high fines, a long probation period, and a felony charge on your record. A second degree aggravated assault charge carries a maximum penalty of 10 years in prison. As aggravated assault falls under New Jersey's No Early Release Act (NERA), a full 85% of the sentence must be served. You can also face a fine of up to $150,000.
Aggravated assault in the third degree carries a prison term of 3-5 years and a fine of up to $15,000. A fourth degree aggravated assault charge has a penalty of up to 18 months in prison, a fine of up to $10,000, and a felony on your record.
If you or someone you love has been charged with aggravated assault, it is very important to discuss your case with an experienced assault defense attorney who can help you protect your rights and fight your charges. If the fight began with mutual consent or you were defending yourself, we may be able to get your charge downgraded to a misdemeanor or dismissed. Contact the Law Office of Mark A. Bernstein at (609) 665-3338 to schedule a free consultation.