Fines and Prison Terms for Aggravated Assault in New Jersey

Freehold, Monmouth, NJ Aggravated Assault Criminal Defense Trial Lawyer / Violent Crimes Attorney

Aggravated Assault Convictions – Jail Time, Criminal Penalties, and Fines

prison terms for aggravated assault Aggravated Assault can be charged if:

The assault was against an officer, security guard, fireman, or any public official including judges, teachers, certain employees, etc.
The assault was against a family member;
There was serious bodily injury to the victim;
A deadly weapon was used in the assault;
You threaten someone with a gun or point it at someone; or
The assault occurred while eluding or attempting to elude an officer or while resisting arrest.

Aggravated Assault may be charged as a 2nd degree offense, a 3rd degree offense, or as a 4th degree offense. How you are charged depends upon many things, including:

The unique circumstances of your crime;
Where the assault took place;
If the assaulted person was a minor or on school property;
If there was bodily injury and if the injury was severe;
If you have a prior history of convictions, or, if other charges are being brought against you at the same time; and
The skill and experience of your defense attorney.

Second-Degree Aggravated Assault Penalties

Possible Penalties for Aggravated Assault Convictions

Fines and court costs
Jail time
Loss of the right to own or possess a firearm or weapon
Mandatory anger management classes
Parole
Probation and electronic monitoring
Restitution to the victim

If the defendant is found guilty of inflicting serious bodily injury, the assault is a second-degree aggravated assault crime subject to 5 to 10 years in prison and a fine of up to $150,000. Also, if the assault occurred while eluding an officer then you can be charged with 2nd degree aggravated assault.

A Second-Degree aggravated assault conviction invokes a No Early Release (NERA) provision that requires that 85% of the prison sentence must be served before an individual is eligible for parole.

Third-Degree Aggravated Assault Penalties

If a defendant is convicted of 3rd-Degree aggravated assault, they can be sentenced to 3-5 years in prison and be fined up to $15,000.

Fourth -Degree Aggravated Assault Penalties

If a defendant is convicted of 4th Degree Aggravated assault, they can be sentenced to up to 18 months in prison and fined up to $10,000.