You can be arrested for aggravated assault charges in Camden County even if the alleged victim did not actually suffer harm. Understanding the complicated nature of an aggravated assault charge is the first step to building a successful defense. Without one, you could be facing years in prison and thousands of dollars in fines. The best thing to do is speak with an experienced Camden County criminal defense attorney as soon as possible. Call Wimmer Criminal Defense Law at 215-712-1212 for a free consultation.
When you are charged with aggravated assault, it is important to understand the elements of the charge against you and how aggravated assault is different from simple assault. Under New Jersey law, you can be charged with simple assault in any of the following situations:
In New Jersey, any of the following conduct is considered evidence to support the charge of aggravated assault:
These are the basic aggravated assault charges you may face. However, there are a number of more specific situations that could also result in an aggravated assault charge:
There are more situations where you can be charged with aggravated assault, as opposed to simple assault. As a result, aggressive prosecutors will often charge you with aggravated assault when a simple assault charge would be more appropriate.
New Jersey law differentiates between the two types of injuries as follows:
Although these definitions sound simple, what constitutes a “substantial risk of death” isn’t always clear.
You can also face an aggravated assault charge if you caused “significant bodily injury.” Significant bodily injury is 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 senses.” Significant bodily injuries are a middle ground between bodily injuries and serious bodily injuries - they are less grave than serious bodily injuries but more serious than bodily injuries. It is important to understand that you could be charged with aggravated assault even if you did not cause life-threatening harm or permanent disability.
As noted above, you can also be charged with aggravated assault if your assault involved the use of a deadly weapon. New Jersey’s definition of a deadly weapon is broader than you might think, and includes much more than just firearms. A deadly weapon is “anything readily capable of lethal use or of inflicting serious bodily injury.” This can include the following:
You can be charged with aggravated assault if you intentionally cause or attempt to cause bodily harm with a deadly weapon. You can also be charged with aggravated assault if you recklessly caused bodily harm with a deadly weapon. However, you may be charged with simple assault if your actions were deemed negligent rather than reckless. Unfortunately, it’s not always easy to distinguish between negligence and recklessness, and aggressive prosecutors are likely to simply charge you with aggravated assault.
As mentioned above, aggravated assault is an indictable offense. The penalties you face will depend on the circumstances surrounding your arrest and the severity of your charges. The severity of aggravated assault charges are as follows:
The consequences of an aggravated assault charge are very serious. The good news is that you do not have to face your charges alone.
Aggravated assault is a very serious crime in Camden County and charges are aggressively prosecuted. You need someone on your side who can help you through this process and fight for your rights. Camden County aggravated assault attorney Lauren Wimmer has the knowledge, experience, and skill you need to get a fair result. Call us for a free consultation at 215-712-1212 today. The sooner you call, the sooner we can help.