The Law Office of Charles Dawkins Jr. LLC (908) 962-9929 represents defendants accused of “Aggravated Assault” in all NJ. Criminal Courts including Union County Superior Court, Essex County Superior Court, Hudson County Superior Court, Middlesex County Superior Court, and Camden County Superior Court.
NJ Aggravated Assault cases can be complicated because of the many fact patterns involved in assault such as weapons, automobiles, drugs, and alcohol; and the seriousness of assault cases ranges in sentencing consequences. If charged with any Aggravated assault charge the accused should contact the Law Office of Charles Dawkins Jr. LLC.
Understanding NJ. Charge of Aggravated Assault
The Charge of Aggravated Assault under N.J.S.A. 2C:12-1 (b) can occur under many alleged fact scenarios. The following represents some of the fact scenarios:
- Attempts to cause serious bodily injury to another, or causes injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury;
- Attempts to cause or purposely cause bodily injury to another with a deadly weapon
- Recklessly causes Bodily injury with a Weapon
- Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm as statutorily defined at or in the direction of another, whether or not the person believes it to be loaded.
Generally, a person is guilty of aggravated assault if he/she actually makes an attempt to cause or does cause, by any means, serious bodily injury, or with a deadly weapon whose very nature threatens serious injury he attempts or causes any bodily injury. State v. Mingo, 263 N.J. Super 296 (App. Div. 1992), rev’d on dissent Mingo, 132 N.J. 75 (1993).Many times aggravated assault charges occur with other related charges. Any person charged with Aggravated assault should seek legal counsel.
Can a Person Commit a NJ Simple Assault and Be Charged With the Enhanced Charge of NJ Aggravated Assault?
The answer is Yes. A person can commit a Simple Assault and then be charged with the more serious Aggravated Assault. Certain people/employees are protected under the Statute N.J.S.A. 2C:12-1(5). A person who commits a simple assault against the following persons will be charged with aggravated assault:
- Law Enforcement Officer acting in the performance of the officer’s duties while in uniform or exhibiting evidence of authority or because of the officer’s status as a law enforcement officer
- Any paid or volunteer firefighter acting in the performance of the firefighter’s duties while in uniform or otherwise clearly identifiable as engaged in the performance of duties of a firefighter
- Any person engaged in emergency first-aid or medical services acting in the performance of the person’s duties while in uniform or otherwise clearly identifiable as being engaged in the performance of emergency first-aid or medical services
- Any school board member, school administrator, teacher, school bus driver, or other employee of a public or nonpublic school or school board identified as engaging in the performance of duties, or because of status
- Any employee of Division of Child Protection and Permanency while while identified as engaging in the performance of the employees duties or because of status.
- Any Justice of the Supreme Court, Judge of the Superior Court, Judge of the Tax Court or municipal judge identified as engaged in the performance of Judicial duties or because of status as a member of the Judiciary.
- Any operator of a motorbus or the operator’s supervisor or any employee of a rail passenger service while identifiable as being engaged in the performance of the person’s duties or because of the status as an operator of a motorbus or as the operator’s supervisor or as an employee of a rail passenger service
- Any Department of Corrections employee, county correctional police officer, juvenile correctional police officer, State juvenile facility employee, juvenile detention officer, probation officer, or any sheriff, undersheriff, or sheriff’s officer acting in the performance of the person’s duties while in uniform or because of their status
- Any employee including a person employed under a contract of a Utility company as defined by statute or cable television company subject to the provisions of the “Cable Television Act” while clearly identifiable as engaged in the employee’s relevant duties.
- Any health care worker employed by a licensed health care facility to provide direct patient care, any health care professional licensed or otherwise pursuant to Title 26 or Title 45 of the Revised Statute to practice a health care professional, with statutory exceptions, while clearly identifiable as being engaged in the duties of providing direct patient care or practicing the health care profession.
- Any direct care worker at a State or county psychiatric hospital or State developmental center or veterans’ memorial home, while clearly identifiable as being engaged in the duties of providing direct patient care or practicing the health care profession, provided that the actor is not a patient or resident at the facility who is classified by the facility as having a mental illness or developmental disability.
Many professions and employees qualify for Aggravated Assault charges if the defendant commits Simple Assault. However, the most frequent charge for Aggravated Assault when the Defendant allegedly commits a simple assault is “police officers”. The defendant should seek legal counsel in these matters; sometimes the County prosecutor will remand these cases to the respective Municipal Court, but in other cases they remain as an aggravated assault which is a felony in all cases.
Contact a n.j. Aggravated Assault Criminal Lawyer Today
The Law Office of Charles Dawkins Jr. LLC defends Criminal Defendants accused of Aggravated Assault. The above is a cursory glance at understanding Aggravated Assault and it is not intended as legal advice. The Aggravated Assault Statute has many other provisions with fine law distinctions and in some cases explanatory case law. Contact the Law Office at (908) 962- 9929 if charged with aggravated assault in New Jersey State.