Burlington County Aggravated Assault Lawyer
Skilled Aggravated Assault Attorney in Burlington County, NJ, John B. Brennan Helps Defendants Fight Back Against Serious Charges
Facing aggravated assault charges means potentially facing significant jail time and serious fines. At The Law Office of John B. Brennan, I defend clients against all types of assault and threat crimes with dedication, relentless advocacy, and the perspectives of both a criminal attorney and a former prosecutor. As a Burlington County aggravated assault lawyer, I help my clients get charges dropped or reduced, negotiate deals that limit the impact of these serious charges in their future, attain not-guilty trial decisions, and present strong cases for lesser sentences if convicted.
It’s time to put your defense in the hands of an aggravated assault attorney in Burlington County, NJ, who knows what’s at stake and how to launch an effective defense strategy. Contact my firm today for a free, no-obligation consultation.
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Understanding Aggravated Assault Charges and Prosecution in Burlington County, NJ
Under state law (2C:12-1), an assault charge can be aggravated if the allegations against you involve any of several factors listed under New Jersey statute. The actions you’re accused of taking, as well as specific details about the alleged victims, can leave you facing more serious charges of aggravated assault instead of simple assault.
Conduct That Can Lead to Aggravated Assault Charges
While simple assault encompasses purposely or recklessly causing or attempting to cause injury to someone else, the factors that can elevate this offense to an aggravated assault charge include:
- Using a deadly weapon to cause or attempt harm purposely, knowingly, or recklessly (but not through mere negligence)
- Causing or attempting to cause serious injury under circumstances that demonstrate “extreme indifference to the value of human life”
- Knowingly pointing a firearm, even an unloaded one, at or in the direction of someone else under circumstances that demonstrate extreme indifference to the value of human life
- Causing or attempting to cause “significant” injury purposely, knowingly, or recklessly in circumstances that demonstrate extreme indifference to the value of human life
- Causing or attempting to cause significant injury to someone who, under New Jersey law, would meet the definition of a domestic violence victim, such as a current or former spouse, current or former dating partner, or other household member
- Causing or attempting to cause injury to a victim of domestic violence by obstructing breathing or blood circulation through applying pressure to the victim’s neck or throat or blocking their nose or mouth (in other words, through choking or strangling a victim)
- Injuring someone else in the course of fleeing from law enforcement or operating someone else’s motor vehicle without their consent
- Injuring emergency services personnel, including firefighters and emergency medical workers, through a fire or explosion that the defendant knowingly or purposely caused
- Displaying or pointing a firearm at or in the direction of a law enforcement officer in circumstances that demonstrate extreme indifference to the value of human life
- Displaying or pointing an imitation firearm in the direction of a law enforcement officer for unlawful purposes or to intimidate or threaten the officer
- Using a laser sighting system or device that assists in aiming a firearm, or a system that reasonably imitates such a device, against a law enforcement officer in the course of their job duties
Just because the state has accused you of engaging in this conduct doesn’t mean you will be convicted of aggravated assault. Through a strong defense argument strategically developed based on the unique facts of your case, it may be possible to fight back against these allegations and get charges dismissed or reduced, or to secure the most favorable outcome possible at trial.
Victim-Related Factors That Can Elevate Assault Charges
In addition to the numerous details that can give rise to aggravated assault charges, conduct that would otherwise constitute simple assault can be charged as aggravated assault if the victim meets certain criteria established under state law. The victim-related factors that result in a simple assault offense being charged as aggravated assault in New Jersey include:
- Law enforcement officers acting in their official duties or targeted because of their status
- Firefighters (paid or volunteer) engaged in their duties
- Emergency medical services practitioners engaged in first-aid or other medical services duties
- Teachers, school bus drivers, school administrators, other school employees, and school board members engaged in their duties or targeted because of their status
- Employees of the Division of Child Protection and Permanency (part of the New Jersey Department of Children and Families) engaged in their duties or targeted because of their status
- Judges, including Supreme Court justices, Superior Court judges, municipal court judges, and Tax Court judges, engaged in performing judicial duties or targeted because of their status
- Operators and supervisors of motorbuses and rail passenger service employees engaged in their job duties or targeted because of their status
- Sheriffs, probation officers, and correctional officers in juvenile or adult facilities (state- or county-operated) and other employees and staff of correctional and detention facilities or of the Department of Corrections, engaged in their duties or targeted because of their status
- Employees and contractors working for utility and cable companies engaged in duties related to connecting, disconnecting, or repairing services
- Health care workers at licensed facilities and licensed health care professionals engaged in practicing their profession or providing direct patient care
- Direct care workers, specifically at State and county psychiatric hospitals and State developmental centers and veterans’ memorial homes, engaged in their duties, when the assault is perpetrated by someone other than a resident or patient of the facility diagnosed with mental illness or a developmental disability
- Retail store employees engaged in their job duties, including customer service, cashier work, loss prevention, and security services
When your aggravated assault charges involve specific alleged victims, an effective defense can counter the prosecution’s assumptions about whether the person was targeted because of their job duties or status. This approach can contribute to reducing charges from aggravated assault to the less serious crime of simple assault.
The Consequences of an Aggravated Assault Conviction in New Jersey
How serious are the charges against you? While the crime of aggravated assault is more serious, and punished more harshly, than the offense of simple assault, exactly how severe your legal trouble is depends on the specific allegations against you.
Second-Degree Aggravated Assault Crimes and Penalties in NJ
The most serious aggravated assault offenses are charged as second-degree crimes in New Jersey. These include:
- Generally causing serious injury or attempting to cause serious injury knowingly, purposely, or in circumstances that demonstrate extreme indifference to the value of human life
- Injuring someone while attempting to elude law enforcement officers or operating someone else’s motor vehicle without their consent
- Committing simple assault against a law enforcement officer and causing serious injury
- Causing serious or significant bodily injury to someone by purposely starting a fire or causing an explosion
- Causing or attempting to cause bodily injury to a victim of domestic violence through obstructing breathing or blood circulation (choking or strangling)
For a second-degree aggravated assault charge, you could face penalties that include a prison sentence of five to 10 years and fines of up to $150,000.
Third-Degree Aggravated Assault Penalties
Aggravated assault is a third-degree crime in many situations, including:
- A victim suffering bodily injury in a purposely started fire or explosion that doesn’t rise to the level of significant or serious bodily injury
- The use or activation of a laser sighting device, used to assist in aiming a firearm, against a law enforcement officer
- Significant injury or attempt to cause significant injury to a victim of domestic violence
- Injury or attempt to cause injury using a deadly weapon
- Significant injury or attempt to cause significant injury, either purposely or recklessly in circumstances that demonstrate extreme indifference to the value of human life
- Display or pointing of a firearm at or in the direction of a law enforcement officer
- Display of an imitation firearm to threaten or intimidate a law enforcement officer
- Simple assault of a victim who meets the criteria established under statute if the offense results in bodily injury to the victim
- Simple assault of a motorbus operator or rail passenger service employee engaging in their duties, regardless of whether the offense causes injury
If you’re convicted of a third-degree charge of aggravated assault, you could be sentenced to three to five years in state prison and fined up to $15,000.
Fourth-Degree Aggravated Assault Charges
The least severe aggravated assault charges can still result in a prison sentence, thousands of dollars in fines, and the long-term consequences of having a criminal record.
Fourth-degree aggravated assault charges include:
- Allegations of committing simple assault against one of the types of victims established under statute when the offense does not lead to bodily injury (except as noted above)
- Accusations of recklessly injuring someone with a deadly weapon, as opposed to purposely or knowingly causing such injury
- Pointing a firearm in a victim’s direction, regardless of whether it is loaded or unloaded, in circumstances that demonstrate extreme indifference to the value of human life
In New Jersey, fourth-degree aggravated assault charges are punishable by up to 18 months of incarceration and up to $10,000 in fines.
Get Advice From An Experienced Criminal Defense Lawyer. All You Have To Do Is Call 856-446-5123 To Receive Your Free Case Evaluation.
Defense Strategies an Experienced Aggravated Assault Attorney in Burlington County, NJ, Can Use to Fight Your Charges
Defending against aggravated assault charges requires a strategic, detail-driven approach. In every case I take on as a Burlington County aggravated assault lawyer, my goal is to achieve the most favorable outcome possible for my client by mounting an effective defense based on a thorough understanding of the facts, evidence, and applicable law.
Because New Jersey aggressively prosecutes violent crimes, the stakes are extremely high. A conviction can mean years in prison, substantial fines, and a permanent criminal record. I never lose sight of the importance of protecting your future as I build tailored legal strategies and strong defense arguments.
Challenging the State’s Evidence
Prosecutors must prove every element of aggravated assault beyond a reasonable doubt. A strong defense often focuses on identifying weaknesses in the state’s case, such as:
- Unreliable witnesses
- Inconsistent statements
- Flawed police work
- Incomplete medical documentation
By undermining the credibility or sufficiency of the evidence, it may be possible to negotiate reduced charges or achieve a dismissal.
Self-Defense or Defense of Others
Aggravated assault charges sometimes arise from chaotic, emotionally charged situations where the defendant was actually defending themselves or another person from harm. If the force used was reasonable under the circumstances, self-defense may be a complete defense.
Establishing this requires careful reconstruction of the incident, witness testimony, and, when available, video or forensic evidence.
Lack of Intent or Accident
Aggravated assault charges often hinge on the defendant’s intent. If the injury was accidental or the conduct was not purposeful, knowing, or reckless as required by law, the charges may not be legally sustainable.
By demonstrating a lack of intent and challenging the prosecutor’s assumptions, I can significantly reduce criminal exposure and secure more favorable outcomes.
Mistaken Identity or Misidentification
In fast-moving or poorly lit situations, victims or witnesses may incorrectly identify the person responsible. Challenging the identification procedures or presenting an alibi and corroborating evidence can be an essential part of your defense.
Contesting the Degree of Injury
Aggravated assault classifications depend heavily on the type of injury, particularly whether “serious” or “significant” bodily injury occurred. Medical records, expert testimony, and independent evaluations may be used to dispute the severity of the alleged harm. Successful arguments could reduce the degree of the offense or even lead to lesser charges.
Constitutional Violations
Illegal searches, coerced statements, or improper police procedures may violate a defendant’s constitutional rights. When these violations occur, critical evidence can be suppressed, which may result in dismissal or a significantly stronger bargaining position.
How The Law Office of John B. Brennan Can Help
Aggravated assault cases are complex, and the consequences of a conviction can alter the course of a defendant’s life. Trying to defend yourself without dedicated professional advocacy on your side is a mistake that could affect you for a lifetime.
Skilled legal representation matters in high-stakes aggravated assault cases. As an experienced defense attorney with the insider insights of a former prosecutor, I understand:
- How prosecutors evaluate these cases
- How to negotiate effectively to get charges reduced or dismissed or to achieve favorable plea deals
- How to spot weaknesses in the case against you that a non-lawyer would likely miss
From conducting independent investigations to working with experts to developing compelling courtroom strategies, skilled legal representation dramatically increases the chances of achieving a favorable outcome. As your Burlington County aggravated assault lawyer, I’m prepared to fight for the most advantageous resolution possible, whether that means reduced charges, entry into a diversionary program, or a full dismissal.
Why Choose The Law Office of John B. Brennan as Your Burlington County Aggravated Assault Lawyer?
In Burlington County and throughout New Jersey, defendants turn to my law firm for help facing aggravated assault charges and the harsh penalties they carry.
Proven Results
My record of success includes getting charges dismissed or reduced, securing not-guilty verdicts at trial, and negotiating plea deals with the prosecutor that protect my clients’ future and help minimize the long-term consequences of this legal trouble.
Extensive Experience
I have spent more than 30 years in legal practice, including decades working as a prosecutor. This background gives me the knowledge, skill, and confidence to challenge the evidence in the case against you, present effective arguments, and relentlessly pursue the outcome that most benefits you.
Trial-Ready Advocacy
Every case is unique, but every defendant benefits from representation that’s fully prepared to fight for them in court if it comes to that. As a Certified Criminal Trial Attorney, I won’t back down from presenting arguments and evidence on your behalf in court and advocating tirelessly on your behalf.
Contact a Burlington County Aggravated Assault Lawyer at The Law Office of John B. Brennan Today for a Free, Confidential Consultation
Everyone facing aggravated assault charges in New Jersey deserves the opportunity to discuss their case and their defense with experienced legal counsel. I offer free, confidential case evaluations and help defendants understand their rights, their legal protections, and their options for fighting the charges against them.
For help from an aggravated assault attorney in Burlington County, NJ, contact The Law Office of John B. Brennan online or call 856-446-5123 today.
Frequently Asked Questions About Aggravated Assault Crimes in Burlington County and Throughout South Jersey
Simple assault typically involves causing or attempting to cause minor injury, or threatening harm, and is usually charged as a disorderly persons offense.
Aggravated assault involves more serious conduct, such as causing significant or serious bodily injury, using a weapon, or assaulting certain protected individuals. This offense is charged as a second-, third-, or fourth-degree indictable crime. The consequences for aggravated assault are far more severe and can include years in state prison.
The minimum sentence depends on the degree of the charge. Fourth-degree aggravated assault can result in up to 18 months in jail, while third-degree charges carry 3-5 years in prison. Second-degree aggravated assault is the most serious and carries 5-10 years, with a presumption of incarceration. Some cases also trigger mandatory parole ineligibility under New Jersey’s No Early Release Act (NERA).
Sentencing depends on several factors, including:
– The degree of injury
– Whether a weapon was used
– The defendant’s prior criminal history
– The circumstances leading to the incident
– The credibility of the parties involved
– Any aggravating or mitigating factors recognized under New Jersey law
Burlington County judges also consider victim statements, the risk of reoffending, and whether the defendant shows remorse or accepts responsibility. The degree of the charge ultimately sets the statutory sentencing range.
Eligibility for early release depends on whether the offense falls under New Jersey’s No Early Release Act (NERA). NERA usually applies in second-degree aggravated assault cases involving serious bodily injury. When it does, the defendant must serve 85% of the sentence before becoming eligible for parole.
For non-NERA aggravated assault convictions, standard parole guidelines apply. Early release may be possible depending on conduct, program participation, and other corrections-based factors.
Common defenses include arguing self-defense or defense of others, challenging the accuracy or credibility of witness statements, disputing the degree of injury, showing the alleged conduct was accidental, and identifying constitutional violations such as unlawful searches or improper questioning. Attorneys may also present evidence of mistaken identity or unreliable police procedures.
As your aggravated assault lawyer, I will evaluate every fact, uncover any weaknesses in the State’s case, and build a tailored defense strategy for you.