Whether simple or aggravated, assault is a serious crime in New Jersey as it involves the intentional infliction of harm on another person - something we are taught not to do as children, but some adults never learn.
Aggravated assault can be charged from second to fourth degree, and penalties can range from one to 20 years in prison, and fines as much as $150,000.
If you are accused of aggravated assault, the first person you should talk to is Monmouth County aggravated assault attorney Tara Breslow-Testa. Born, bred and educated (JD Rutgers) in New Jersey, Tara Breslow-Testa has experience on both sides of the bench and both sides of the aisle: Clerking for the Honorable Donald J. Volkert, Jr., serving as an Assistant Deputy Public Defender in Union County and then trial court in Monmouth County.
Now in private practice, Tara Breslow-Testa is an aggravated assault attorney serving Monmouth County who is well acquainted with the differences between simple and aggravated assault, and she understands how serious the charges can be - and the immediate and long-term implications. Anyone accused of assault - simple or aggravated: second, third or fourth degree - should consult with Tara before speaking to anyone else - including law enforcement.
Contact the law offices of Tara Breslow-Testa at (732) 784-2880.Aggravated Assault
Simple assault can be upgraded to aggravated assault based on a number of factors: Intent, recklessness, injury to victim, occupation of the victim and location of the offense. Aggravated assault is much more complicated than simple assault, has a longer and more detailed definition and comes in degrees.Definitions of Aggravated Assault
The New Jersey statutes have a long, more involved definition of “aggravated assault” which begins:
- 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
- Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or
- Recklessly causes bodily injury to another with a deadly weapon; or
- 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.
There are many more definitions for aggravated assault. Tara Breslow-Testa is an attorney defending aggravated assault charges in Monmouth County, and knows the definitions by heart.The Person Assaulted Matters
Simple assault is upgraded to aggravated assault if the violence is committed on people acting in an official capacity - public or private - which includes law enforcement officers in uniform or not, paid or volunteer firemen, emergency first-aid or medical services personnel, school board members, school administrators, teachers, school bus drivers or other employee of a public or nonpublic school or school board, any employee of the Division of Child Protection and Permanency, any justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge, any operator of a motorbus or the operator's supervisor or any employee of a rail passenger service, any Department of Corrections employee, county corrections officer, juvenile corrections officer, State juvenile facility employee, juvenile detention staff member, juvenile detention officer, probation officer or any sheriff, undersheriff, or sheriff's officer, any employee of a utility or cable TV company, any health care worker, any direct care worker at a State or county psychiatric hospital or State developmental center or veterans' memorial home.Penalties for Second-Degree Aggravated Assault
Punishable by a sentence to serve between five and 10 years in New Jersey State Prison and a maximum fine of $150,000. These crimes entail a “presumption of incarceration,” meaning that even first-time offenders must serve time in prison. In some cases, New Jersey’s “No Early Release Act” requires those convicted to complete 85% of the sentence imposed before becoming eligible for parole.Penalties for Third-Degree Aggravated Assault
Punishable by a sentence to serve between three and five years in New Jersey State Prison and a maximum fine of $15,000. There is a presumption of non-incarceration for first-time offenders, meaning that a defendant may avoid incarceration through enrollment in a diversionary program such as Pre-Trial Intervention.Penalties for Fourth Degree Aggravated Assault
Punishable by a sentence to serve up to 18 months in New Jersey State Prison and a maximum fine of $10,000.Better Call Tara
If you have been accused of or charged with any of type of assault offense, it is highly advisable to consult with an experienced New Jersey criminal defense attorney as soon as possible. An immediate investigation can significantly improve your defense strategy, allowing you to gather and preserve relevant evidence and to secure the cooperation of corroborating witnesses. Monmouth County aggravated assault defense lawyer Tara Breslow-Testa has extensive experience investigating and successfully defending assault cases for clients in courts across Monmouth County. She will immediately begin an investigation of your case, inform you of the strengths and weaknesses, explain all of your available options, and work tirelessly to achieve the best possible outcome.
To discuss your current situation with Ms. Breslow-Testa free of charge, contact her Monmouth County offices for a free consultation: (732) 784-2880