Skip to content

Aggravated assault may be viewed as a felony offense under the eyes of New Jersey law. With this comes major criminal consequences. Continue reading to learn the penalties for aggravated assault and how one of the experienced Bergen County criminal defense attorneys at McNerney & McAuliffe can fight to minimize or altogether clear these punishments from going into effect.

How does New Jersey law define aggravated assault?

There are varying ways an incident may have played out in which you would still be validly accused of aggravated assault in the state of New Jersey. Without further ado, such circumstances that fall under aggravated assault read as follows:

  • You intentionally caused or attempted to cause serious bodily injury to another party.
  • You intentionally caused or attempted to cause injury to another party using a deadly weapon.
  • You recklessly caused injury to another party using a deadly weapon.
  • You intentionally pointed a firearm at another party or in their direction, with or without it being loaded.
  • You intentionally pointed a firearm at a law enforcement officer or in their direction, with or without it being loaded.
  • You intentionally used or activated a laser sighting system or device against a law enforcement officer.
  • You committed simple assault against a law enforcement officer, firefighter, or medical first responder.
  • You caused injury to another party while attempting to escape a law enforcement officer.
  • You caused injury to another party while committing a crime of theft.
  • You caused injury to another party by starting a fire or explosion.

Therefore, if there is any truth to any of the above circumstances within your case, your initial simple assault accusation may very easily be upgraded to an aggravated assault accusation.

What are the penalties for aggravated assault in the state of New Jersey?

To reiterate, aggravated assault is a felony offense. So, depending on the circumstances surrounding your incident, you may be ultimately charged with fourth-degree, third-degree, or second-degree aggravated assault. Without further ado, the penalties for each degree read as follows:

  • Fourth-degree aggravated assault:
    • A prison sentence of up to 18 months.
    • A fine of up to $10,000.
  • Third-degree aggravated assault:
    • A prison sentence of anywhere between three to five years.
    • A fine of up to $15,000.
  • Second-degree aggravated assault:
    • A prison sentence of anywhere between five to 10 years.
    • A fine of up to $150,000.

This is not to mention the permanent criminal record that comes with any of the above convictions. All in all, you may be intimidated by having to defend yourself in your upcoming criminal court proceedings. But one way to make this easier is to have one of the skilled Bergen County criminal defense attorneys stand by your side throughout. Contact McNerney & McAuliffe at your earliest possible convenience.

Read Our Latest Blog Posts

  What Are Complications with Residency in a Military Divorce?

If you or your spouse are on active military duty, you may be unsure how to initiate your divorce. For…

Read More
  What Are Fault Grounds in a Divorce?

Technically, New Jersey is a hybrid divorce state. This means the family court may allow a petitioner to declare a…

Read More