AGGRAVATED ASSAULT CRIMINAL LAWYER IN ELIZABETH, NJ
The Law Office of Charles Dawkins Jr. LLC (908) 962-9929 represents defendants accused of "Aggravated Assault" in Elizabeth, NJ. and all NJ. Criminal Courts.
NJ Aggravated Assault cases can be complicated because of the many fact patterns involved in assault such as weapons, automobiles, drugs, alcohol, status of the person. A criminal defendant can commit aggravated assault in many fact scenarios.
WHAT IS CHARGE OF AGGRAVATED ASSAULT?
The Charge of Aggravated Assault under N.J.S.A. 2C:12-1 (b) can occur under the below alleged fact scenarios. The following represents some of the fact scenarios:
The Charge of Aggravated Assault under N.J.S.A. 2C:12-1 (b) can occur under many alleged fact scenarios. The following represents some of the fact scenarios:
(1) Attempts to cause serious bodily injury to another, or causes injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury
(2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon, recklessly causes Bodily injury with a weapon; or
(3) Recklessly causes bodily injury to another with a deadly weapon; or
(4) Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm as statutorily defined at or in the direction of another, whether or not the person believes it to be loaded.
The issue of Serious body injury is often an issue that needs to be defined in aggravated assault cases. Serious bodily injury means 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. N.J.S.A. 2C:11-1
Morevover, inorperable guns are considered "deadly weapons" State v. Gantt, 195 N.J. Super. 114 (App. Div. 1993) certif. den. 136 N.J. 30 (1994).
CAN A PERSON COMMIT A NJ SIMPLE ASSAULT AND BE CHARGED WITH THE ENHANCED CHARGE OF NJ AGGRAVATED ASSAULT?
Simple Assault committed against police officers are considered aggravated assaults and many defendants every year are charged with Aggravated assault with often the charge of resisting arrest. In some cases, the State Prosecutor will remand the case to the Municipal Court, depending upon the seriousness of the simple assault.
Certain other people/employees are protected under the Statute N.J.S.A. 2C:12-1(5). A person who commits a simple assault against the following persons will be charged with aggravated assault:
- Law Enforcement Officer acting in the performance of the officer's duties while in uniform or exhibiting evidence of authority or because of the officer's status as a law enforcement officer
- Any paid or volunteer firefighter acting in the performance of the firefighter's duties while in uniform or otherwise clearly identifiable as enged in the performance of duties of a firefighter.
- Any person engaged in emergency first-aid or medical services acting in the performance of the person's duties while in uniform or otherwise clearly identifiable as being engaged in the performance of emergency first-aid or medical services
- Any school board member, school administrator, teacher, school bus driver, or other employee of a public or nonpublic school or school board identified as engaging in the performance of duties, or because of status
- Any employee of Division of Child Protection and Permanency while while identified as engaging in the performance of the
- employees duties or because of status.
- Any Justice of the Supreme Court, Judge of the Superior Court, Judge of the Tax Court or municipal judge identified as engaged in the performance of Judicial duties or because of status as a member of the Judiciary.
- Any operator of a motorbus or the operator's supervisor or any employee of a rail passenger service while identifiable as being engaged in the performance of the person's duties or because of the status as an operator of a motorbus or as the operator's supervisor or as an employee of a rail passenger service.
- Any Department of Corrections employee, county correctional police officer, juvenile correctional police officer, State juvenile facility employee, juvenile detention officer, probation officer, or any sheriff, undersheriff, or sheriff's officer acting in the performance of the person's duties while in uniform or because of their status
- Any employee including a person employed under a contract of a Utility company as defined by statute or cable television company subject to the provisions of the "Cable Television Act" while clearly identifiable as engaged in the employee's relevant duties.
- Any health care worker employed by a licensed health care facility to provide direct patient care, any health care professional licensed or otherwise pursuant to Title 26 or Title 45 of the Revised Statute to practice a health care professional, with statutory exceptions, while clearly identifiable as being engaged in the duties of providing direct patient care or practicing the health care profession.
- Any direct care worker at a State or county psychiatric hospital or State developmental center or veterans' memorial home, while clearly identifiable as being engaged in the duties of providing direct patient care or practicing the health care profession, provided that the actor is not a patient or resident at the facility who is classified by the facility as having a mental illness or developmental disability.
CONTACT A N.J. AGGRAVATED ASSAULT CRIMINAL LAWYER TODAY
The Law Office of Charles Dawkins Jr. LLC defends Criminal Defendants in Elizabeth, NJ. accused of Aggravated Assault. The above is a cursory glance at understanding Aggravated Assault and it is not intended as legal advice. The Aggravated Assault Statute has other provisions with fine law distinctions and in some cases the NJ Appellate court has explanatory case law, because of the complexity of some Aggravated Assault cases. Contact the Law Office at (908) 962- 9929 if charged with aggravated assault in New Jersey State.