New Jersey Aggravated Assault Attorney

 

Being charged with Aggravated Assault can be overwhelming and can have serious consequences, including jail or prison time.  Because of this, it is crucial to have an experienced, skilled, and aggressive criminal defense attorney by your side.  Ms. Denholtz is a seasoned and fierce criminal defense trial attorney with over a decade of experience. 

 

Ms. Denholtz offers relentless advocacy, strategic defense, and exceptional service to clients accused of Aggravated Assault throughout New Jersey.  With a proven track record of success, Ms. Denholtz has handled approximately 1,500 felony-level cases to conclusion, including countless Aggravated Assault cases.

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Ms. Denholtz handles her cases with exacting attention to detail and works tirelessly to ensure her clients receive the best possible outcome for their individualized situation.  At Denholtz Criminal Defense, you can trust that your case will receive the meticulous attention and tireless advocacy it deserves.  If you or a loved one are facing Aggravated Assault charges, Ms. Denholtz is ready to fight for you. Contact Denholtz Criminal Defense today for your FREE consultation at (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.

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Aggravated Assault (N.J.S.A. 2C:12(b)(1)

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Aggravated Assault:  Pursuant to N.J.S.A. 2C:12-1(b), aggravated assault can be a 2nd, 3rd, or 4th degree offense.

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2nd Degree Offenses:​  Aggravated assault is a 2nd degree offense under any of the below circumstances.  A 2nd degree offense is punishable by up to 10 years in New Jersey State Prison.

 

• Aggravated Assault With Serious Bodily Injury:  Under N.J.S.A. 2C:12-1(b)(1), a person is guilty of aggravated assault if the person 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.  Aggravated assault under N.J.S.A. 2C:12-1(b)(1) is a crime in the 2nd degree punishable by up to 10 years in prison if the victim suffers significant or serious bodily injury.

 

• Domestic Violence Aggravated Assault By Strangulation:  Under N.J.S.A. 2C:12-1(b)(13), a person is guilty of aggravated assault if the person knowingly or under circumstances manifesting extreme indifference to the value of human life, recklessly obstructs the breathing or blood circulation of a person who meets the definition of a “domestic violence victim” by applying pressure on the throat or neck or blocking the nose or mouth of such person thereby causing or attempting to cause bodily injury.  Aggravated assault under N.J.S.A. 2C:12-1(b)(13) is a crime in the 2nd degree punishable by up to 10 years in prison.

 

• Aggravated Assault With Bodily Injury From Arson:  Under N.J.S.A. 2C:12-1(b)(8), a person is guilty of aggravated assault if the person causes bodily injury by knowingly or purposely starting a fire or causing an explosion which results in bodily injury to emergency service personnel.  Aggravated assault under N.J.S.A. 2C:12-1(b)(8) is a crime in the 2nd degree punishable by up to 10 years in prison if the victim suffers significant or serious bodily injury.

  • *NOTE - Strict Liability:  A person is strictly liable for the violation which results in bodily injury to any emergency services personnel.

 

• Aggravated Assault With Bodily Injury While Eluding:  Under N.J.S.A. 2C:12-1(b)(6), a person is guilty of aggravated assault if the person causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer (in violation of N.J.S.A. 2C:29-2(b)) OR while operating a motor vehicle without consent of the owner and operates the motor vehicle in a manner that creates a risk of injury to any person or a risk of damage to property (in violation of N.J.S.A. 2C:20-10(c)). 

  • NOTE - Strict Liability:  A person is strictly liable for a violation of this paragraph upon proof of a violation of subsection N.J.S.A. 2C:29-2(b) or while operating a motor vehicle in violation of N.J.S.A. 2C:20-10(c) which resulted in bodily injury to another person.

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3rd Degree Offenses:  Aggravated assault is a 3rd degree offense under any of the below-listed circumstances.  A 3rd degree offense is punishable by up to 5 years in New Jersey State Prison. 

 

• Aggravated Assault With Bodily Injury / Deadly Weapon:  Under N.J.S.A. 2C:12-1(b)(2), a person is guilty of aggravated assault if the person attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon. 

 

• Aggravated Assault on a Domestic Violence Victim:  Under N.J.S.A. 2C:12-1(b)(12), a person is guilty of aggravated assault if the person attempts to cause significant bodily injury OR causes significant bodily injury purposely, knowingly, or under circumstances manifesting extreme indifference to the value of human life, recklessly causes significant bodily injury to a person who meets the definition of a victim of domestic violence as defined by N.J.S.A. 2C:25-19(d).

  • ​*NOTE:  The presumption of non-incarceration for 1st time offenders does not apply to a person convicted of aggravated assault on a domestic violence victim under N.J.S.A. 2C:12-1(b)(12).

 

• Aggravated Assault By Throwing Bodily Fluid at a Law Enforcement Officer:  Pursuant to N.J.S.A. 2C:12-13, a person who throws bodily fluid at a corrections officer, police officer, probation officer, sheriff’s officer, or any other State law enforcement officer while in the performance of the officer’s duties or otherwise purposely subjects such employee to contact with bodily fluid commits aggravated assault.  If the victim suffers from bodily injury as a result of the throwing of bodily fluids, then the offense is a crime in the 3rd degree punishable by up to 5 years in prison.

  • ​“Bodily Fluid” Defined:  “Bodily fluid” means saliva, blood, urine, feces, seminal fluid, or any other bodily fluid.

  • Mandatory Consecutive Sentence:  A term of imprisonment imposed for this offense must run consecutively to any term of imprisonment currently being served and consecutive to any other term imposed for any other offense committed at the time of the assault.

 

• Simple Assault on Certain Protected Parties Becomes Aggravated Assault:  Under N.J.S.A. 2C:12-1(b)(5), a person is guilty of aggravated assault if the person commits a simple assault upon certain protected parties.  Aggravated assault under N.J.S.A. 2C:12-(b)(5) is a crime in the 3rd degree if the victim suffers bodily injury, otherwise it is a crime in the 4th degree.  The protected parties include the following: 

 

1. Law Enforcement Officers:  Under N.J.S.A. 2C:12-1(b)(5)(a), if a person commits a simple assault against a law enforcement officer who is acting in the performance of their duties then it will be elevated to an aggravated assault.

2. Firefighters:  Under N.J.S.A. 2C:12-1(b)(5)(b), a person is guilty of aggravated assault if the person commits a simple assault upon a firefighter who is acting in the performance of his duties.

3. Medical Professionals:  Under N.J.S.A. 2C:12-1(b)(5)(c), a person is guilty of aggravated assault if the person commits a simple assault against a person engaged in emergency first-aid or medical services while the person is acting in the performance of his or her duties.

4. School Employees:  Under N.J.S.A. 2C:12-1(b)(5)(d), a person is guilty of aggravated assault if the person commits a simple assault against a school employee (including, administrators, bus drivers, teachers, etc.) while that school employee is performing his or her duties.

5. Child Protection Employees:  Under N.J.S.A. 2C:12-1(b)(5)(e), if a person commits a simple assault against an employee of the Division of Child Protection and permanency while that employee is engaged in the performance of his or her duties then that charge will be elevated to an aggravated assault.

6. Judges:  Under N.J.S.A. 2C:12-1(b)(5)(f), if a person commits a simple assault against a judge who is engaged in his or her judicial duties OR because of the person’s status as a judge, then that charge will be elevated to an aggravated assault.

7. Bus or Train Employees:  Under N.J.S.A. 2C:12-1(b)(5)(g), a person is guilty of aggravated assault if the person commits a simple assault against a bus or train employee who is engaged in the performance of his or her duties or because of his or her status as a bus or train employee. 

8. Corrections/Probation Officers:  Under N.J.S.A. 2C:12-1(b)(5)(h), a person is guilty of aggravated assault if the person commits a simple assault against a corrections or probation officer while the corrections or probation officer is engaged in the performance of his or her duties.

9. Utility, Telephone, or Cable Company Employees:  Under N.J.S.A. 2C:12-1(b)(5)(i), a person is guilty of aggravated assault if the person commits a simple assault against a utility, telephone, or cable company employee who is acting in the performance of his or her duties.

10. Healthcare Workers:  Under N.J.S.A. 2C:12-1(b)(5)(j), a person is guilty of aggravated assault if the person commits a simple assault against a health care worker while the health care worker is performing his or her duties.

11. Psychiatric or Veterans Hospital Employees:  Under N.J.S.A. 2C:12-1(b)(5)(k), a person is guilty of aggravated assault if the person commits a simple assault against any person who is an employee of a psychiatric or veteran’s hospital and is engaged in providing direct patient care.

• *NOTE:  This section applies if the person doing the assault is NOT a patient or resident at the facility who is classified by the facility as having a mental illness or developmental disability. 

 

• Aggravated Assault With Significant Bodily Injury:  Under N.J.S.A. 2C:12-1(b)(7), a person is guilty of aggravated assault if the person attempts to cause or causes significant bodily injury to another purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury.  Aggravated Assault under this section is a 3rd degree offense which is punishable by up to 5 years in New Jersey State Prison. 

 

• Aggravated Assault By Pointing Firearm at Law Enforcement Officer:  Under N.J.S.A. 2C:12-1(b)(9), a person is guilty of aggravated assault if the person knowingly under circumstances manifesting extreme indifference to the value of human life points or displays a firearm at or in the direction of a law enforcement officer.  Aggravated Assault under this section is a 3rd degree offense which is punishable by up to 5 years in New Jersey State Prison. 

 

• Aggravated Assault By Pointing Imitation Firearm at Law Enforcement Officer:  Under N.J.S.A. 2C:12-1(b)(10), a person is guilty of aggravated assault if the person knowingly points, displays, or uses an imitation firearm at or in the direction of a law enforcement officer with the purpose to intimidate, threaten, or attempt to put the officer in fear of bodily injury or for any unlawful purpose.  Aggravated Assault under this section is a 3rd degree offense which is punishable by up to 5 years in New Jersey State Prison. 

 

• Aggravated Assault By Pointing Laser on Firearm at Law Enforcement Officer:  Under N.J.S.A. 2C:12-1(b)(11), a person is guilty of aggravated assault if the person uses or activates a laser sighting system or device in a way that would cause a reasonable person to believe that it is a laser lighting system or device against a law enforcement officer acting in the performance of his or her duties.  Aggravated Assault under this section is a 3rd degree offense which is punishable by up to 5 years in New Jersey State Prison.

  • ​Laser Sighting System or Device Defined:  A “laser sighting system or device” means any system or device that is integrated with or affixed to a firearm and emits a laser light beam that is used to assist in the sight alignment or aiming of the firearm.

 

• Aggravated Assault With Bodily Injury From Arson:  Under N.J.S.A. 2C:12-1(b)(8), a person is guilty of aggravated assault if the person causes bodily injury by knowingly or purposely starting a fire or causing an explosion which results in bodily injury to emergency service personnel.  Aggravated assault under N.J.S.A. 2C:12-1(b)(8) is a crime in the 3rd degree punishable by up to 5 years in prison if the victim suffers bodily injury. 

  • Strict Liability:  A person is strictly liable for the violation which results in bodily injury to any emergency services personnel.

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4th Degree Offenses:​​  Aggravated Assault is a 4th degree offense under any of the below-listed circumstances.  A 4th degree offense is punishable by up to 18 months in New Jersey State Prison.

 

• Aggravated Assault With Reckless Bodily Injury / Deadly Weapon:  Under N.J.S.A. 2C:12-1(b)(3), a person is guilty of aggravated assault if the person recklessly causes bodily injury to another with a deadly weapon. 

 

• Aggravated Assault By Pointing a Firearm at Another:  Under N.J.S.A. 2C:12-1(b)(4), a person is guilty of aggravated assault if the person knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm at or in the direction of another (whether or not the actor believes the gun to be loaded). 

 

• Aggravated Assault By Throwing Bodily Fluid at a Law Enforcement Officer:  Pursuant to N.J.S.A. 2C:12-13, a person who throws bodily fluid at a corrections officer, police officer, probation officer, sheriff’s officer, or any other State law enforcement officer while in the performance of the officer’s duties or otherwise purposely subjects such employee to contact with bodily fluid commits aggravated assault.  If the victim does not suffer from bodily injury as a result of the throwing of the bodily fluid then the offense is one in the 4th degree, punishable by up to 18 months in prison.

  • “Bodily Fluid” Defined:  “Bodily fluid” means saliva, blood, urine, feces, seminal fluid, or any other bodily fluid.

  • Mandatory Consecutive Sentence:  A term of imprisonment imposed for this offense must run consecutively to any term of imprisonment currently being served and consecutive to any other term imposed for any other offense committed at the time of the assault.

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Contact a New Jersey Aggravated Assault

Lawyer for a Free Consultation

 

The consequences of a criminal conviction can be devastating.  It can impact employment, housing, finances, education, reputation, and relationships.  Criminal cases are also very complex and highly specialized.  If you or a loved one is facing Aggravated Assault charges, it is crucial to hire an experienced criminal defense attorney.

 

At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with experienced, aggressive, and personalized legal representation.  No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible outcome for your unique situation.  Contact Denholtz Criminal Defense today for your free consultation at (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.