Union County Aggravated Assault

Union County Aggravated
Assault & Battery Lawyer

NJ Criminal Defense Attorney & Former Prosecutor
Palumbo & Renaud Union County Offices:
190 North Avenue, Cranford, NJ 07016
740 Newark Avenue, Elizabeth, NJ 07208

Have you been indicted or charged with aggravated assault in Union County? The definition of aggravated assault varies widely and includes all types of situations such as bar fights, pointing a gun at someone whether loaded or not, hitting a police officer, starting a fire, or fleeing from police in a vehicle. If you have been charged with any type of assault crime including simple assault, aggravated assault with a deadly weapon, or aggravated indecent assault, I urge you to seek legal counsel immediately. I am Anthony N. Palumbo, partner at Palumbo & Renaud, and I have extensive experience handling assault charges.

Contact me today for a free initial consultation at 1-866-664-8118. I will carefully sift through the facts of your case and analyze the actions of law enforcement officials to make sure all possible defenses are raised on your behalf. I defend individuals throughout Union County including the communities of Garwood, Elizabeth, Plainfield, Linden, Mountainside, Cranford, Rahway, and Roselle Park.

Union County Aggravated Assault

aggravated assault is a complex crime that can occur in many different situations. Depending on the specific circumstances surrounding the incident, the accused can be charged with a second, third, or fourth degree crime. Under N.J.S.A. 2C:12-1(b), the applicable New Jersey statute, a person is guilty of the following charges for aggravated assault if he commits any of the acts listed below:

Second Degree Crime: carries 5 to 10 years in prison if convicted.

  • 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, or recklessly causes such injury; or
  • Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer or while operating a motor vehicle in violation of N.J.S.2C:20-10(c); or
  • Causes serious bodily injury by knowingly or purposely starting a fire or causing an explosion.

Third Degree Crime: carries up 3 to 5 years in prison if convicted.

  • Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or
  • Attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury; or
  • Causes bodily injury by knowingly or purposely starting a fire or causing an explosion; or
  • Knowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm at or in the direction of a law enforcement officer; or
  • Commits a simple assaultand causes bodily injury upon any law enforcement officer acting in the performance of his duties.

Fourth Degree Crime: carries up to 18 months in prison if convicted.

  • Recklessly causes bodily injury to another with a deadly weapon; or
  • Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm at or in the direction of another, whether or not the actor believes it to be loaded; or
  • Commits a simple assault upon any law enforcement officer acting in the performance of his duties .

Common Facts & Questions

What types of weapons are considered 'deadly' under aggravated assault?

A 'deadly weapon' is a weapon that can be used to kill someone or cause serious bodily injury. This includes firearms, devices, instruments, materials or substances that are animate or inanimate. Even if a weapon cannot be used to kill someone or cause serious bodily injury, it will still be considered 'deadly' if the victim reasonably believed it could be used for that purpose.

What is bodily injury and serious bodily injury?

Bodily injury is defined as physical pain, sickness, or any harm to a person's physical condition. Serious bodily injury is an injury that creates a big risk of death or causes serious, permanent disfigurement or harm to a person's bodily function.

Can I be charged with assault for resisting an arrest, even if the arrest was illegal?

As unfair as it may seem, the answer to this question is yes. There is never a right to resist the police, no matter what. Illegal arrest or not, resisting the arrest will result in 3rd or 4th degree assault charges, depending on whether the officer suffers bodily injury. If the arrest was in fact illegal, the charges will be dropped later, but if you resisted the arrest that will constitute a separate charge that cannot be dropped. Thus, your best option is to comply with the arrest and fight it later in court.

I have years of experience assisting individuals who have been charged with aggravated assault in Union County, New Jersey. I will be happy to provide you with a free initial consultation at 1-866-664-8118 by phone or in person at either of my two offices located on 190 North Avenue, Cranford, New Jersey 07016 and 740 Newark Avenue, Elizabeth, New Jersey 07208.

I handle all types of assault related offenses including: