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November 18, 2020 New Jersey Criminal Lawyers


In New Jersey assault charges are much more serious when they are raised to aggravated status based on the extent of injury, the involvement of a deadly weapon, or other circumstances, including the victim being a police officer or other public official. One primary reason for the escalation in severity is the fact that aggravated assault is an indictable offense that carries lengthy prison time and significant fines under NJ law.

It is always advisable for a person charged with aggravated assault to immediately secure represented by an experienced criminal defense attorney so that every opportunity to escape conviction is exercised. An attorney from Spodek Law Group has the skills and qualifications to help you avoid a record for this violent crime.

Aggravated Assault Charges In New Jersey: A Closer Look

New Jersey criminal code section N.J.S.A. 2C:12-1 covers the offenses of simple assault and aggravated assault. There are multiple ways that the assault can jump to aggravated under this statute, including the victim sustaining serious or significant bodily injury, the accused exercising extreme indifference to the value of human life, or there being involvement of a deadly weapon.

Aggravated assault is also characterized by:

  • Point a firearm at or fix a firearm’s laser sight on a law enforcement officer;
  • Cause bodily injury to another individual while fleeing or attempting to elude a law enforcement officer; and
  • Start a fire or cause an explosion that injures an emergency responder.

In addition, an aggravated assault charge can be filed for any alleged assault upon certain individuals while they are engaged in their occupational duties, including:

  1. Any law enforcement officer, police, sheriff, undersheriff, or sheriff’s officer
  2. Paid or volunteer firefighters
  3. Emergency responders engaged in emergency first-aid or medical services
  4. A member of the school board, school administrator, teacher, school bus driver or other employee of a public or nonpublic school or school board
  5. Employees of the Division of Child Protection and Permanency
  6. Supreme Court Justices, judge of the Superior Court, judge of the Tax Court or municipal judge
  7. Operator of a bus or the operator’s supervisor
  8. Employee of any rail passenger service (train, subway, light rail, etc.)
  9. Any employee of the Department of Corrections, county corrections officer, probation officer, juvenile corrections officer, state juvenile facility employee, juvenile detention staff member, juvenile detention officer
  10. Employee of a utility company or a cablevision company
  11. Health care worker employed by a licensed health care facility to provide direct patient care (except a direct care worker at a state or county psychiatric facility, state developmental center, or veterans’ home — unless the alleged attacker is not a patient or resident of the facility)

Some Terms for Atorenys  for Aggravated Assault.

Under N.J. law, a “deadly weapon” is defined as:

any firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury or which in the manner it is fashioned would lead the victim reasonably to believe it to be capable of producing death or serious bodily injury.

“Serious bodily injury” refers to bodily injury that creates a high enough risk of death or which does indeed cause serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

“Significant bodily injury” means bodily injury that creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses.

Possible Penalties If You Are Convicted Of Aggravated Assault in New Jersey

Depending on the details of the case, aggravated assault in New Jersey may be charged as a second, third, or fourth-degree crime.

Aggravated assault is a second-degree offense if it causes serious bodily injury or it occurs while fleeing a police officer. Second-degree aggravated assault is punishable by 5 to 10 years in prison and a fine of up to $150,000.

Pointing a gun at a law enforcement officer (without further harm) is a crime in the third-degree. There are also many other scenarios that were previously set forth where a person can face a third-degree aggravated assault in NJ. The sentence for this level of aggravated assault includes 3 to 5 years in prison and a fine as much as $15,000.

Pointing a gun at a person other than a law enforcement officer is a fourth-degree crime punishable by up to 18 months in prison and a fine of up to $10,000.

Nevertheless, regardless, if you plead guilty or are found guilty, your record will reflect a conviction for aggravated assault when a prospective employer, loan officer, college admissions officer or anyone else does a background check on you.

We Help People Charged with Aggravated Assault in N.J.

It is not unusual for a charge that should be filed as a simple assault (if at all) to become an aggravated assault charge. For example, our defense attorneys have worked with many people charged with aggravated assault after a scuffle with a police officer that began with a questionable stop and search.


As your lawyer, Spodek Law Group will stand up for your rights, particularly your right to a robust defense against the charges you face.  This it was included doing everything allowed by law to obtain the most positive results for you.

Our first move will be to obtain your release from custody if you are being held. We can then begin to seek answers to questions that must be addressed to determine the legitimacy of an aggravated assault charge.

Two valid defenses to an aggravated assault charge are that the incident was a consensual fight or an act of self-defense. A person may also act in the defense of someone else, such as a spouse, family member, friend or even a stranger.


However, even if you can justify having harmed someone, it is not permissible to continue to inflict punishment on an individual who has become defenseless or is in a state of submission. You must have stopped before needlessly causing significant or serious bodily harm.

We will do our own investigation the facts of your arrest and the case against you. Using our attorneys’ relationships with prosecutors across the state, we can begin fruitful negotiations right away toward having charges dropped or reduced as part of a plea bargain.

Keep in mind that an arrest in New Jersey launches a lengthy process that does not necessarily end in a guilty verdict. There is a light at the end of the tunnel if you have an experienced and dedicated aggravated assault defense attorney from Spodek Law Group on your case.

Contact Our New Jersey Aggravated Assault Attorneys Today

If you have been arrested or face indictment for aggravated assault in New Jersey, exercise your right to remain silent and call our seasoned criminal defense attorneys as soon as you can. Our team will work diligently to protect you from the ramifications of the charges against you.

Don’t stand up against the severe punishment and lasting damage of a guilty verdict or plea in an aggravated assault case without a proper legal defense. Contact Spodek Law Group now for a free initial consultation about how we can put our knowledge, skills and experience in New Jersey to work for you.



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