Jersey City cops charged an uninvited New Year’s Day party guest with aggravated assault, and other crimes. It all started when the party-crasher acted “belligerently.” He left after an argument. But he returned an hour later, and allegedly hit the victim in the head with a pipe, per the news.

And in Essex County, a man admitted to cops that he hit his ex’s boyfriend, per nj dot com. The new beau had insulted the ex’s dog. So they exchanged words, and the ex- hit the new one with a bat in the arm and head. Consequently, police charged the dog owner with aggravated assault and other crimes.

Finally, in Morris County, a Parsippany man allegedly cut another man’s throat with a broken glass bottle on Christmas morning. Cops found the victim on his porch bleeding from a cut to his throat. Consequently, they charged the suspect with aggravated assault, and other charges.

I guess these things happen when you don’t believe in Santa.

Aggravated Assault, N.J.S.A. 2c:12-1b

Aggravated Assault includes but is not limited to circumstances in which a person:

1. Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly, or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury, or
2. Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon, or
3. Recklessly causes bodily injury to another with a deadly weapon.

N.J.S.A. 2C:12-1(b)(1), (b)(2), and (b)(3).

Aggravated Assault Penalties

Aggravated Assault pursuant to

1. N.J.S.A. 2C:12-1(b)(1) is a second degree offense, punishable by
   1. five years to ten years State Prison,
   2. mandatory 85% without parole
   3. three-year term of parole supervision
   4. $150,000.00 fine
2. N.J.S.A. 2C:12-1(b)(2) is a third degree offense, punishable by
   1. three years to five years State Prison,
   2. mandatory 1/3 to 1/2 of sentence without parole*
   3. $15,000.00 fine
3. N.J.S.A. 2C:12-1(b)(3) is a fourth degree offense, punishable by
   1. eighteen months State Prison
   2. mandatory in full without parole*
   3. $10,000.00 fine

Additional Penalties

Victims of Crime Compensation Assessment: $100.00 to $10,000.00
Safe Neighborhood Assessment: $75.00
Law Enforcement Officers Training & Equipment Fund: $30.00
Restitution, if any
DNA Sample
Court Costs

*Parole ineligibility only if a firearm was used or possessed when committed, attempted, or in immediate flight from the crime. Otherwise, flat sentence applies.

Assault Definitions

Bodily Injury means physical pain, illness or any impairment of physical condition. N.J.S.A. 2C:11-1(a)

Serious bodily injury means bodily injury that creates or causes
 a substantial risk of death, or
 serious, permanent disfigurement, or
 protracted loss or impairment of the function of any bodily member or organ. N.J.S.A. 2C:11-1(b)

Deadly Weapon means any firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, that in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury or that in the manner it is fashioned would lead the victim reasonably to believe it to be capable of producing death or serious bodily injury. N.J.S.A. 2C:11-1(c)

Experienced New Jersey Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations on all cases regarding aggravated assault. Call Now—(856) 812-0321