Under state law, it is possible to be convicted of assault for harming or attempting to harm another person. This is a serious offense, but that does not mean a conviction is guaranteed. With a dedicated criminal defense attorney by your side, you could avoid a conviction or negotiate a plea deal to a resolution with lesser consequences.
There is no time to wait when you are charged with a crime. Discussing your options with a Jersey City assault lawyer could help you identify your potential penalties, understand the criminal justice system, and determine how best to move forward.
State law divides assault charges into two categories: simple and aggravated. When a person is accused of committing assault with certain aggravating factors, the possible sentence increases. A lawyer in Jersey City could explain the potential consequences of your assault charge and argue in court to get it reduced.
For the prosecution to convict someone, it must prove guilt beyond a reasonable doubt. This includes establishing every element of the underlying offense. A person commits assault when they either injure someone through intentional, reckless, or negligent behavior or place someone in fear of imminent harm.
In other words, a person can commit assault without ever injuring anyone. This charge is a disorderly person’s offense, carrying a maximum jail term of six months. The court can also issue a fine of no more than $1,000.
The consequences of a conviction can go up when certain aggravating factors are present, such as using a deadly weapon as part of the assault or targeting a peace officer. The prosecution must prove the basic elements of assault and establish that at least one of these additional aggravating factors occurred.
Anyone convicted of aggravated assault will have the indictable offense on their permanent record. The specific penalty can vary based on the type of offense charged. At the highest end of the spectrum, a guilty verdict could lead to 10 years in prison and a fine of up to $150,000.
Being convicted of assault can impact a person’s life beyond jail time or fines. This is especially true in cases involving an indictable offense.
A criminal conviction can affect someone for years after they serve their time behind bars. In some cases, a conviction can make it difficult to find a job or maintain employment. For others, it might impact anything from immigration status to child custody or professional licenses, depending on the circumstances.
A felony conviction can mean the loss of certain constitutional rights, such as the ability to own, possess, or use a firearm. These collateral consequences are serious, but they will only become a reality following a guilty verdict. That makes fighting back against a conviction so important.
A Jersey City assault attorney could review the facts following an arrest and determine the right strategy. With their help, securing a positive outcome is possible.
If you are charged with assault, the prosecution will not hesitate to build a case against you. It is possible to even the odds by relying on the support of strong legal counsel. Reach out to a Jersey City assault lawyer immediately to discuss your defense strategy.
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