Aggravated assault charges arise from intentionally, recklessly, and knowingly causing bodily harm to another individual. You can also be charged with aggravated assault if you used a deadly weapon to threaten or cause fear to the victim.
In New Jersey, aggravated assault falls under felony charges meaning that you could be facing a sentence of up to 20 years or a $10,000 fine. If it becomes a first-degree felony, the penalty goes up to 99 years. Thanks to a North Bergen Personal Injury Attorney, you get the representation you need if you face such charges.
This article provides additional information about simple assault and aggravated assault and gives tips for protecting your rights when faced with these charges:
What is the difference between simple and aggravated assault?
As defined above, assault is any intentional act that causes bodily harm or fear to the victim. Therefore, an act is categorized as an assault even if it did not cause physical damage. That is why the police are allowed to arrest people who show intention for causing bodily harm even before they strike.
The law further classifies an assault as either simple or aggravated depending on the weight of harm caused or what almost occurred. If a crime was committed with a weapon, it automatically qualifies to be an aggravated assault. A state can also classify the assault as either first, second, or third-degree, where first-degree felonies attract the most severe punishment.
Words do not qualify as assault
Words can never cause bodily harm. Therefore, you cannot be found guilty of simple or aggravated assault if you only threatened without causing physical harm. The law recognizes that people tend to make threats in a heated argument or when angry without meaning to carry them out.
What should I do when faced with aggravated assault charges?
Aggravated assault charges are serious felony charges that could land you in so many years in prison. Aggravated assault punishments are similar to simple assault and battery, but they are heightened to a significant degree. The consequences include:
- Long term imprisonment
- Loss of rights to carry and possess deadly weapons
- Having a criminal record that could affect you in future
- Civil responsibilities such as compensation for damages resulting from the act
Due to the weight of these charges, the first thing should always be to find the best criminal attorney to handle your case.
Defenses in aggravated assault charges
Your attorney will advise you that the best defense for these charges is factual innocence. Other defenses include self-defense, protection of property, lack of intent, violation of constitutional rights during arrest, no proof of deadly weapon, and provocation.
Why the Law Offices of Anthony Carbone
Our expert at North Bergen is equipped with the best experience handling criminal defense processes in New Jersey. They will study your case, investigate further, and seek to get your charge minimized or dismissed entirely. Schedule an appointment online or call the offices directly at 201-829-3829.