Causing or attempting to cause serious bodily injury; causing or attempting to cause significant injury; causing or attempting to cause bodily injury with a weapon or to certain people like police or teachers; are all forms of Aggravated Assault.
Depending on the circumstances, Aggravated Assault can be charged anywhere from a Fourth Degree to a Second Degree crime. Serious Bodily Injury, Significant Bodily Injury, and Bodily Injury all have very specific definitions in the law.
Police and Prosecutors typically overcharge the vast majority of assaults as Second Degree crimes for causing or attempting to cause serious bodily injury. A second degree assault is subject to NJ's No Early Release Act. Sentencing is a statutorily presumed state prison term between 5 and 10 years with an 85% parole ineligibility. The Statutory presumption for second degree crimes in NJ means that you are expected to almost certainly be sentenced to state prison, even on your very first arrest.
Often there are complete defenses to an assault charge that can facilitate a not guilty finding. Also, because of the complexity of the assault statute with its' various elements and definitions, the original charge can usually be reduced. A second degree attempt to cause serious bodily injury may be nothing more than a simple assault or a consensual fight. Just going from serious to significant injury can prevent your incarceration.
With Mr. Pintaro's knowledge and experience of criminal defense and the criminal justice system overall, he is best able to defend or reduce any assault charge, and to minimize the potential penalties. Contact our office for experienced and effective defense today.
