Morris County NJ Aggravated Assault Attorney

Criminal Defense Lawyers in Morristown, New Jersey

Morris County NJ Aggravated Assault Lawyers

Aggravated assault is an extremely common charge in NJ. A bar fight that might otherwise have resulted in misdemeanor simple assault charges can instead lead to felony aggravated assault charges, depending on the extent of the injuries suffered by the other person. Because aggravated assault is an indictable felony-level offense in NJ, a person charged with aggravated assault could be looking at serious prison time, in addition to other penalties outlined below.

If you or a loved one has been charged with aggravated assault in Morris County NJ, it is important to speak with an experienced Morris County NJ aggravated assault attorney who understands the system. The criminal trial team at the Tormey Law Firm has extensive experience defending clients charged with assault and threat crimes in Morris County NJ courtrooms, including courts in Morristown, Denville, Mount Olive, Budd Lake, East Hanover, Victory Gardens, and Parsippany-Troy Hills. We also have an active Morris County municipal prosecutor on staff, which gives us unique insight into how to help you beat your charges. Call us today at (908) 336-5008 for a free consultation.

Here is a review from one of our very satisfied clients who we represented on aggravated assault charges:

“Hired to defend me for aggravated assault”

5.0 stars

Posted by Joe

“Travis is a knowledgeable and trustworthy lawyer which I will retain his services again should there be any more legal problems.”

And here is an example where we successfully handled a Second Degree Aggravated Assault Charge in Morris County NJ.

Aggravated Assault in New Jersey: N.J.S.A. 2C:12-1(b)

Aggravated assault charges in NJ are criminalized in the NJ criminal code under N.J.S.A. 2C:12-1(b), which provides, in pertinent part, that a person is guilty of aggravated assault if he or she:

(1) Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or

(2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or

(3) Recklessly causes bodily injury to another with a deadly weapon; or

(4) Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, as defined in section 2C:39-1f., at or in the direction of another, whether or not the actor believes it to be loaded; or

(5) Commits a simple assault as defined in subsection a. (1), (2) or (3) of this section upon:

(a) Any law enforcement officer acting in the performance of his duties…; or

(b) Any paid or volunteer fireman acting in the performance of his duties…; or

(c) Any person engaged in emergency first-aid or medical services acting in the performance of his duties…; or

(d) Any school board member, school administrator, teacher, school bus driver or other employee…; or

(e) Any employee of the Division of Youth and Family Services…; or

(f) Any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge…

(6) Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10; or

(7) Attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury; or

(8) Causes bodily injury by knowingly or purposely starting a fire or causing an explosion in violation of N.J.S.2C:17-1…; or

(9) Knowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer; or

(10) Knowingly points, displays or uses an imitation firearm, as defined in subsection f. of N.J.S.2C:39-1, 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.

Penalties for Aggravated Assault in New Jersey

Aggravated assault is an indictable criminal offense in NJ. There many types of conduct which constitute aggravated assault in NJ. Aggravated assault can be a crime of the second, third, or fourth degree, depending on a number of factors:

  • The degree of injury inflicted or attempted to be inflicted on the victim.
  • Whether a firearm or other deadly weapon was used.
  • Where the act happened.
  • The mental state of the defendant when committing the act.
  • The occupational status of the victim.

Regardless of the degree of the aggravated assault offense, you could be exposed to:

  • Prison Time.
  • Fines.
  • Lengthy Probation.
  • A Felony Charge on Your Permanent Criminal Record.

Degrees of NJ Aggravated Assault Charges

Second Degree Aggravated Assault

Second degree aggravated assault has a maximum penalty of 10 years in NJ State Prison. The charge has a presumption of incarceration, which means that a person convicted of second degree aggravated assault will probably face a minimum term of incarceration of five (5) years in NJ State Prison. Additionally, because aggravated assault is covered under the No Early Release Act (NERA), 85 percent of the sentence must be served. Second degree aggravated assault also exposes a defendant to a fine of up to $150,000.00.

A prosecutor may file second degree aggravated assault charges if the defendant attempted to cause “serious” bodily injury. As used here, “serious” means that the injury exposed the victim to a risk of death. A person may also be charged with second degree aggravated assault if he or she caused bodily injury while attempting to elude a law enforcement officer.

Third Degree Aggravated Assault

Third degree aggravated assault can be the charge when a defendant purposely or knowingly caused bodily injury to another person while using a deadly weapon. Third degree aggravated assault penalties include prison time ranging from three (3) to five (5) years and a fine of up to $15,000.00.

A prosecutor may bring third degree aggravated assault charges if the defendant caused “significant” bodily injury. As used here, “significant” means that the injury created a temporary loss of the function of a body part or the temporary loss of one of the five senses. Third degree aggravated assault may also be charged if the defendant knowingly caused bodily injury while using a deadly weapon. A charge can also be elevated to third degree aggravated assault if the victim was a police officer, firefighter, health care or utility worker, teacher, or judge.

Fourth Degree Aggravated Assault

Fourth degree aggravated assault is a felony that exposes a defendant to up to 18 months in state prison, a fine of as much as $10,000.00, and a permanent criminal record.

A prosecutor may seek a conviction for fourth degree aggravated assault if the defendant recklessly caused bodily injury with a weapon or “serious” bodily injury with a vehicle.

Contact a Parsippany- Troy Hills NJ Aggravated Assault Defense Lawyer for Immediate Assistance

The criminal trial team at the Tormey Law Firm includes lawyers who have successfully represented countless clients charged with aggravated assault in Morris County and New Jersey courtrooms. Our extensive experience has allowed us to craft effective defense strategies in aggravated assault cases. If your fight was entered into by mutual consent or if you were acting in self-defense, we may be able to get your aggravated assault charge downgraded to a misdemeanor offense or dismissed entirely. If you or a loved one has been charged with aggravated assault, contact the Tormey Law Firm anytime at (908) 336-5008 or through our online form for a free consultation.

Client Reviews

  • great attorney

  • Hands Down Professional and delivers results!!!

  • DUI case dismissed

  • 125 stars out of 10!!

  • Excellent at getting best outcome

  • Excellent Attorney

  • TRO Dismissal

  • Efficient Excellent attorney.

  • Excellent attorney

  • Travis successfully defended me in an unprecedented Final Restraining Order Trial with ease

  • Kick Ass Attorney!

  • Efficient and professional attorney

  • Great Lawyer And Great Results

  • Top Notch DUI Attorney

  • Client Domestic Violence

  • Restraining Order

  • A real pro in a time of need - DWI Dismissed.

  • The most experienced, patient and affordable attorney

  • Travis Tormey successfully had a False TRO against me dismissed.

  • Underaged Drinking

  • Underaged Drinking

  • DUI Dismissed

  • Saved me from a DUI. HIGHLY recommended

  • Restraining Order

  • Case dismissed with Data Driven Facts

  • Respectful. Attentive. Professional.

  • Trespassing and Under the Influence Disorderly Persons charges

  • If you are reading this- You have reached the right place! Undoubtedly, the BEST Law Firm in New Jersey!

  • Amazing attorney with a heart of gold

  • Exceeded my expectations, Highly Professional Attorney

  • Responsive and knowledgeable.

  • The Tormey law firm was very kind and professional

  • Expungement

  • Travis Tormey is a True Professional Who Kept Me Out of Jail

  • Unresponsive Lawyers.

  • Saved me a whole ton of problems

  • Travis Tormey Review

  • A nightmare case, with a happy ending.

  • Elite NJ Marijuana Attorney! 5 Stars!!

  • An Excellent lawyer!

  • Great lawyer for DUI

  • I highly endorse Travis Tormey.

  • Travis Tormey Law Firm

  • Too big of an investment for too little results

  • Travis is a Lifesaver

  • Travis J. Tormey - Evaluation

  • Great Lawyer. Got me off exactly what I wanted

  • Consummate Professional!

  • Great Criminal Defense Lawyer

  • Good Service

  • Exceptional Lawyer

  • Exceptional Lawyer

  • Hired to defend me for aggravated assault

  • Hired to defend me in a restraning order

  • Excellent attorney, highly recommend his talents

  • DWI Counsel

  • I highly recommend Mr. Tormey

  • Great attorney

  • Travis Tormey, Esq. - Great Results!

  • Travis Tormey - Excellent Attorney-Kind and Trustworthy

  • Excellent Attorney-Trustworthy and Kind

  • An Outstanding lawyer!!! That will represent you in the correct way!

  • Excellent Attorney! You will not be dissapointed....

  • Travis Tormey Gets Results!

  • tormey

  • Success!!

  • Travis Tormey Review

  • Only Lawyer I Recommend

  • Very Grateful

  • Attorney review of Travis Tormey

  • Excellent

Video Library

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation.

With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

The Tormey Law Firm

Morristown Location

55 Madison Avenue, Suite 400, Morristown, NJ 07960

(908) 336-5008 Directions

Areas we serve

All of Morris County including Boonton, Boonton Township, Butler, Chatham Borough, Chatham Township, Chester Borough, Chester Township, Denville Township, Dover, East Hanover Township, Florham Park, Hanover Township, Harding Township, Jefferson Township, Kinnelon, Lincoln Park, Long Hill Township, Madison, Mendham Borough, Mendham Township, Mine Hill Township, Mont Arlington, Montville, Morris Plains, Morris Township, Morristown, Mount Olive Township, Mountain Lakes, Netcong, Parsippany-Troy Hills Township, Pequannock Township, Randolph, Riverdale, Rockaway Borough, Rockaway Township, Roxbury Township, Victory Gardens, Washington Township, and Wharton.

Visa-Mastercard-Amex-Discover