An accusation of aggravated assault is a serious one, but how does one get charged with this crime instead of simple assault? A Bergen County criminal defense lawyer can tell you the differences between these types of charges. More importantly, they can help you figure out how to defend yourself from the more serious charge and avoid the harsh penalties associated with a conviction.
When Does Assault Become Aggravated Assault?
A charge of aggravated assault is more serious because it means that you are being accused of causing serious bodily harm or threatening it. The use of a weapon, like a gun or a knife, often upgrades a charge from simple assault. You can also be charged with aggravated assault if you are accused of attacking a certain type of person, like a cop or a public transit employee.
Can I Go to Jail For Aggravated Assault?
If convicted, you’re almost certain to go to prison for aggravated assault in New Jersey. You can be charged with a second-, third-, or fourth-degree offense. Potential penalties include:
- Fourth-degree offense: Up to 18 months in prison and a fine of up to $10,000
- Third-degree offense: Up to three to five years in prison and a fine of up to $15,000
- Second-degree offense: Up to five to 10 years in prison and a fine of up to $150,000
The criminal justice system isn’t the only thing to worry about though. An aggravated assault conviction can also follow you around for life, making it more difficult to secure housing or a new job. If you have a professional license, that could be at risk as well. You need to figure out exactly how you’ll defend yourself from these charges.
Are There Ways to Defend Myself From These Accusations?
Fortunately, a seasoned defense attorney can look at the unique circumstances of your case and help you find the most effective way to show that a prosecutor’s case against you isn’t as solid as it might seem. Some common defenses against aggravated assault accusations include:
- Showing that there was no intent to cause injuries or fear
- Arguing that you acted in defense of yourself or others
- Showing that you had an alibi
- Implying that the witness or witnesses testifying against you are not reliable
- Claiming that this is a false accusation or a case of mistaken identity
Talk to a Criminal Defense Attorney
So if you are worried about these aggravated assault charges and the effect that they can have on your future, you need to have an experienced defense attorney on your side. Contact the Law Office of Boyd & Squitieri to schedule a consultation and learn more about what we can do for you. You do not need to face these charges on your own.