Lustberg Law Offices, LLC

New Jersey Assault Sentencing Guidelines

Assault is a serious offense in New Jersey that can result in severe prison time. It is also a stigmatizing criminal conviction that can make it difficult to find work or housing. Consulting with an experienced NJ assault attorney is essential for anyone facing assault charges to ensure proper legal representation.

In New Jersey, the prosecution is required to prove every element of your crime beyond a reasonable doubt at trial. This includes the use of testimony from eyewitnesses and the alleged victim. Many times, this can be difficult because these witnesses and victims may lie or have a poor memory of the incident. Fortunately, an experienced New Jersey assault attorney will be able to challenge their testimony and raise any other evidence that can cast doubt on your innocence.

An experienced assault attorney will also be able to determine the best defenses for an assault case, such as self-defense. New Jersey law allows the use of force in certain circumstances if you reasonably believe that your life or the lives of others are threatened. Your lawyer can help you establish this defense by showing that the person who committed the attack was the aggressor or that you were defending yourself against an attacker with a deadly weapon, such as a gun.

Aggravated Assault
New Jersey statute 2C:12-1b defines aggravated assault as a second, third, or fourth-degree felony offense. It is considered a serious crime because it involves the intent to cause injury or the infliction of significant bodily injury. Significant bodily injury is defined as a temporary loss of the function of a body part or sense. An aggravated assault conviction can also occur when a person is acting purposely, knowingly, or recklessly under circumstances that show an extreme indifference to the value of human life, including pointing a gun, even an imitation gun, at another person.

A fourth-degree felony conviction for aggravated assault can lead to up to 18 months in jail and a $10,000 fine. A second or third-degree aggravated assault conviction can result in up to ten years in prison. Prosecutors may drop charges if the victim requests it, but they are likely to pursue them if there are aggravating factors.

When facing a charge of aggravated assault, you should speak with an experienced New Jersey assault attorney immediately. Your assault attorney will be able to help you avoid a hefty prison sentence by raising potential defenses to this serious charge. By doing so, you can protect your reputation and your future freedom.

Assault Bail Options NJ

Assault is a crime that can lead to serious penalties, including jail time and fines. If you find yourself facing assault charges in New Jersey, having an experienced team of assault attorney on your side can mean the difference between jail and freedom. Our criminal defense team has extensive experience handling assault cases throughout the state of New Jersey, and can use their knowledge and skills to prepare an effective and strategic assault defense plan on your behalf.

The State of New Jersey defines assault as putting someone in a position of imminent harmful or offensive contact. The level of charge that an individual faces largely depends on the amount of injury that is sustained. Bodily injury is defined as “physical pain, illness or any impairment of physical condition.” In the case of domestic violence, the term bodily harm may also be defined as “emotional distress.”

A person can face a range of charges from simple assault to aggravated assault depending on the circumstances of the incident. A conviction for a disorderly persons offense of simple assault will result in the charge appearing on a person’s criminal record, which can negatively impact a number of things such as employment, housing, and eligibility for certain academic opportunities. It's crucial to consult with an experienced assault attorney for guidance in such situations.

In New Jersey, anyone who is arrested for a criminal offense that includes some type of assault must undergo a detention hearing. This is the case for both indictable offenses, which are considered felonies, and disorderly persons offenses, which are known as misdemeanors. This process will include a public safety assessment, which can significantly influence whether the court will allow you to be released on bail or not. This is why it is so important to have an experienced New Jersey assault attorney on your side who can effectively argue that you will not present a risk to the community if released.

New Jersey offers diversionary programs such as Pre-Trial Intervention (PTI) and Conditional Dismissal that may help you avoid a conviction for assault charges. However, these programs have their own specific requirements such as anger management counseling, community service, and drug testing, and are only available to those who do not have a prior felony conviction or are not currently on probation or parole. A skilled and knowledgeable assault attorney can advise you on your eligibility for a diversionary program and will work diligently to have the charges against you dismissed through this route. Contact us today to schedule a consultation with an assault attorney from our team. We will review the details of your case and recommend the best strategy for your defense. We are committed to providing exceptional legal representation for all our clients. Contact us online or by phone to set up your consultation.


Assault Plea Bargaining NJ

Defendants charged with assault in New Jersey are typically given two choices for resolving their cases. They can accept a plea deal offered by the prosecutor, or they can choose to fight the case all the way through trial. Each option has major pros and cons that must be weighed carefully by the defendant. An experienced assault attorney can guide you through this process. A guilty plea can lead to a shortened jail sentence and less severe penalties, especially if the charge is for a low-level offense such as simple assault. However, the conviction will remain on a person’s criminal record and can be revealed when applying for jobs or even attempting to enroll in college. It can also prevent someone from being able to volunteer for certain activities or take part in many professional associations.

In a recent op-ed, a guest columnist noted that 94 percent of the cases in New Jersey that went to trial ended up with a plea agreement by the defendant. He also emphasized that he believes this is not an ideal situation for our state. Taking the case all the way through trial can allow an assault attorney to look for holes in the prosecution’s case and to get an optimal result for their client.

But that is not always possible, especially when the prosecutor has a heavy caseload and limited resources. In these cases, it is important for prosecutors, including an assault attorney, to balance the interests of victims with their own responsibilities. The state’s victim’s bill of rights and the constitutional guarantee to a fair trial demand that prosecutors keep victims informed about the case’s status.

That can mean keeping the victim apprised of a plea agreement. It can also mean asking a victim to testify against the defendant in order to get a more favorable sentence. But a plea agreement cannot be set aside based on the fact that the prosecutor did not properly inform the victim and her family about the deal. An experienced assault attorney knows that a recent New Jersey Supreme Court decision ruled that a plea bargain in a child sexual assault case did not comply with the state’s victim’s bill of rights or due process standards, but the high court found that a violation of those rights was not sufficient grounds to set the deal aside.

A skilled criminal defense attorney, also known as an assault attorney, can help a defendant consider whether to accept or reject a plea offer. They can also provide an objective view of when a plea just isn’t good enough, and they can prepare for trial by filing key motions to exclude evidence, line up expert witnesses, and survey the jury pool. Contact our firm to schedule a consultation with an experienced assault attorney.


Lustberg Law Offices, LLC

Lustberg Law Offices, LLC

One University Plaza Dr Suite 212, Hackensack, NJ 07601, United States

(201) 880-5311