Bergen and Hudson County Lawyers Protecting Clients Charged with Aggravated Assault
Aggravated Assault is a serious charge in New Jersey and a conviction can result in a sentence of up to ten years in prison. And any person convicted of Aggravated Assault must serve 85% of their sentence before becoming eligible for parole.
If you’ve been arrested and charged with Aggravated Assault, an experienced defense attorney from the Law Offices of Jeffrey S. Hasson, P.C. may be able to get the charges dismissed or reduced to Simple Assault, which carries lower penalties.
An assault is considered “Aggravated” (rather than “Simple”) based on a variety of factors. These include the seriousness of the victim’s injury, the identity of the victim, and whether a deadly weapon was used.
For example, an assault against certain school employees or against a police officer, firefighter, emergency responder, or judge is an Aggravated Assault.
Deadly weapons include guns, knives, and motor vehicles.
Aggravated Assault can be a 2nd to 4th degree crime depending on additional factors such as whether the injury occurred while fleeing a law enforcement officer or as a result of purposely starting a fire or causing an explosion.
In addition to jail time, penalties can include fines, restitution to the victim, loss of the right to own a firearm, electronic monitoring, and mandatory anger management classes. And any criminal conviction can limit employment and housing opportunities.
A defendant may be able to avoid a conviction by proving that both parties agreed to fight, or that the assault was committed in self defense. However, even if the parties agreed to fight, the accused can’t continue to hurt another party who is backing off or defenseless; “you can’t kick a man when he’s down.” And the degree of force used in self defense must be proportional; “you can’t bring a gun to a knife fight,” and you can’t continue to attack someone who has stopped attacking you.
It’s important to note that resisting an illegal arrest is NOT a valid defense to a charge of Aggravated Assault on a police officer.
Let Us Protect Your Rights
If you’ve been charged with Aggravated Assault, an experienced attorney from the New Jersey Law Offices of Jeffrey S. Hasson, P.C. can explain your rights and options. Contact us today to discuss the options you have available.