Middletown NJ Aggravated Assault Lawyer
Charged with Aggravated Assault in Middletown NJ?
Aggravated assault is a very serious crime in New Jersey and if not handled properly, a Defendant could be incarcerated up decade in prison. Arguments are going to happen but when they turn physical, things can quickly get out of hand. So whether you have been charged with aggravated assault as a result of an altercation with a loved one, a friend or a stranger it is imperative that you speak to an attorney as soon as possible about your options. The criminal defense attorneys at Proetta & Oliver have been defending clients charged with aggravated assault, assault with a deadly weapon, assault by auto, aggravated assault on a police officer and simple assault in courts throughout Monmouth County including the Middletown Municipal Court for years now. Outside of the devastating penalties that come into play if a Defendant is convicted of aggravated assault in New Jersey, the new bail guidelines allow for the prosecution to detain a Defendant in the Monmouth County Jail, without bail, pending trial. However, in order to do so, the prosecution must file for what is known as a Detention Hearing. For more information on Detention Hearings, please see below or contact one of our Monmouth County criminal defense attorneys at (732)858-6959.
Consult with Aggravated Assault Attorney in Middletown NJ
The Middletown criminal defense attorneys at Proetta & Oliver have been appearing in courts throughout Monmouth County, including the Middletown Municipal Court for the better part of the last decade now. Our office is located directly across the street from the Middletown Municipal Court at 18 Kings Highway. If you would like to come into our office for a face to face consultation with Mr. Oliver or one of the other criminal defense lawyers on staff, then please contact us at (732)858-6959. We can go over the specific facts of your case and we will give you our honest feedback on how we can be of assistance. We are well aware that no two clients let alone no two cases are the same, as such we take a tremendous amount of pride in being able to adapt our representation to fulfill our clients needs. If you have any questions whatsoever, please do not hesitate to contact us and always, our initial consultations are free of costs.
All Aggravated Assault Charges in NJ are Felony Offenses
A Defendant charged with aggravated assault in New Jersey could be facing either a second, third or fourth degree felony offense. The type of injury alleged and the “status” of the victim in question will dictate what degree of aggravated assault a Defendant is charged with. For example, if a Defendant is alleged to have committed what would ordinarily be considered a simple assault (misdemeanor) on a police officer, then the charges will be elevated to a felony level aggravated assault. All aggravated assault charges in New Jersey will be governed by NJSA 2C:12-1b. This is a very complicated statute that has a lot of little nuisances built into the statute. As such, it is strongly recommended that if you have been charged with aggravated assault in Monmouth County that you speak to an experienced criminal defense attorney about your options.
Where do I go to Court for an Aggravated Assault Charge in Middletown NJ?
All aggravated assault charges, whether it be a second degree aggravated assault, aggravated assault on a police officer or aggravated assault with a deadly weapon will be heard in the Monmouth County Superior Court, which is located in Freehold, New Jersey. The reason for that is because they are the only court in Monmouth County that will have jurisdiction over a felony offense. So even if you were arrested and charged with aggravated assault in Middletown, the charges will still be heard in the Monmouth County Superior Court. In fact, the only way for those charges to be heard in the Middletown Municipal Court would be if the Monmouth County prosecutors office was convinced to downgrade the felony charge to a disorderly persons offense. If that is to occur, the felony aggravated assault charge will be amended to a simple assault charge. If you would like to speak to one of our Monmouth County criminal defense attorneys about downgrades, then please contact us at (732)858-6959.
What to Know About Aggravated Assault Charges in Middletown NJ
Although the aggravated assault statute is rather complex, there are two main subsections that are used most often, NJSA 2C:12-1b(1) and NJSA 2C:12-1b(7).
NJSA 2C:12-1b(1) is the most serious aggravated assault charge in New Jersey. It is a second degree felony offense. The statute states in pertinent part that, a persons will be guilty of aggravated assault if the Defendant “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”.
- If a Defendant is convicted of this offense, they will be subject to anywhere from five (5) to ten (10) years in prison, a fine up to $150,000, anger management, community service, a felony criminal record and restitution of applicable. This offense is subject to the No Early Release Act (NERA) as well. That requires a Defendant to serve at least 85% of their sentence before they can become eligible for parole.
- Pursuant to NJSA 2C:11-1a, serious bodily injury has been defined as “bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ”.
NJSA 2C:12-1b(7) is a third degree felony offense. The statute states in pertinent part that, a person will be guilty of aggravated assault if the Defendant “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”.
- A Defendant convicted of this offense, will be subject to anywhere from three (3) to five (5) years in a state prison, a $15,000 fine, anger management, community service, a felony criminal record and restitution of applicable.
- Pursuant to NJSA 2C:11-1a, significant bodily injury has been defined as “bodily injury which creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five sense”.
*As of July 2021, anyone alleged to have strangled or choked an individual classified as a protected party under Domestic Violence Prevention Act will now be facing second degree felony assault charges. For more information on strangulation charges in Monmouth County, please click the link.
When is the Defendant’s First Appearance for Aggravated Assault Case in Middletown?
If the aggravated assault charges are issued on a Complaint-Warrant then the individual’s first appearance will take place at their Central Judicial Processing Hearing (CJP). Since the charging document was a Complaint-Warrant and not a Compliant-Summons, the individual must be taken to the Monmouth County Jail for at least 24-48 hours. During that time period they will undergo their CJP hearing. During this hearing they will be advised if they are going to be released from jail on bail or if the Monmouth County Prosecutor’s Office will be seeking to keep them detained without bail. If that is to occur, they must file a formal Detention Hearing Motion. For more information on a detention hearing, see below.
Can I get Bail on an Aggravated Assault Charge in NJ?
The bail system in New Jersey has forever changed as of January 2017. Our bail system is now geared towards a risk assessment determination as opposed to a pure economic determination. Traditionally, this has lead to more Defendant’s being released on certain pretrial conditions, like electronic monitoring then the old system. However, when it comes to serious charges like this, the prosecution now has the ability to detain a Defendant in the Monmouth County Jail, without bail, pending trial. But before that can occur, the prosecution must be successful at a Detention Hearing. During the Detention Hearing, it will be the prosecutions burden to establish by clear and convincing evidence that in order to protect society, to assure that the Defendant will appear in court and/or to prevent the Defendant from obstructing the prosecution of their case that they must be detained without bail. These hearing can and always should be contested. Furthermore, if it is determined that the aggravated assault was an “act of domestic violence” the Defendant will almost certainly spend at least 48 hours in the Monmouth County jail pending a pretrial service investigation.
Ways to Avoid Jail Time on an Aggravated Assault Case
Depending the facts surrounding the incident and the Defendant’s prior criminal history, they may be able to take advantage of the Pretrial Intervention Program. This is a diversionary program in New Jersey, whereby if the Defendant completes the probationary period, without violating any of the terms, the pending charges will be outright dismissed. To speak to one of our attorneys about your eligibility, please contact us at 732-858-6959.
Looking to Speak with a Middletown Attorney about Aggravated Assault Charge
If you have been arrested and charged with aggravated assault, terroristic threats, driving while intoxicated, simple assault or served with a temporary restraining order in Middletown, New Jersey, the Law Offices of Proetta & Oliver can help. We have been defending clients accused of these types of crimes in courts throughout Monmouth County for years now. We are well aware of what a conviction for aggravated assault let alone a jail sentence can do to one’s future. If you would like to have a free initial consultation with one of our attorneys then please contact us at (732) 858-6959. We try to make ourselves available around the clock to help assist in any way that we can. We are located directly across the street form the Middletown Municipal Court at 18 Kings Highway, Suite 109. So if you have any questions, please do not hesitate to contact us.