Alleged Fox Bob Kelly attacker appears in Cape May County Courthouse for Pre-Indictment Conference – What are his defense options and possible sentences if convicted of aggravated assault in New Jersey?
The Summer is over but one of the headlines that came out of it was when Philadelphia Fox 29 News Anchor Bob Kelly suffered injuries to his face following an alleged an assault which occurred during an event in Cape May County New Jersey in Sea Isle City. The alleged attacker is now charged with aggravated assault and is scheduled to appear in court later this month. In New Jersey, like Pennsylvania, there are two forms of assault—aggravated and simple.
Aggravated Assault is more serious than Simple Assault but both are criminal offenses. In New Jersey, aggravated assault is an indictable crime (aka a felony) whereas simple assault is usually a disorderly persons offense.
Indictment and Pre-Indictment Conference in New Jersey
Since the accused is charged with an indictable crime in New Jersey, his matter will need to go before a Grand Jury unless his criminal defense lawyer can negotiate a favorable pre-indictment plea to the charges. The purpose of the Pre-Indictment Conference is to explore a possible no trial disposition for a criminal case in New Jersey prior to an indictment
Our criminal defense lawyers represent persons charged with indictable crimes in New Jersey as well as persons charged with disorderly persons and petty disorderly persons offenses in the Garden State. There is a major difference between indictable crimes and disorderly persons offenses in New Jersey as well as felony and misdemeanor crimes in Pennsylvania. With Indictable crimes and felony offenses, the person arrested and charged faces the possibility of State prison or at least county jail.
What is Simple Assault?
One of the most common offenses that our law firm defends in New Jersey and Pennsylvania is assault. Assault is divided into simple and aggravated assault under 2C:12-1 in New Jersey. A simple assault is when a person attempts to cause or purposely knowingly or recklessly causes a bodily injury to another. A simple assault is also if a person negligently causes bodily person to another with a deadly weapon. Simple assault is a disorderly persons offense unless it is committed in a fight or a scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense in New Jersey.
In Pennsylvania, a simple assault (Title 18, Section 2701) is graded as a misdemeanor of the second degree unless it is a result of mutual scuffle, in which case it is misdemeanor of the third degree. A person can also be charged with a simple assault if he or she recklessly causes a bodily injury to another with a deadly weapon. In this situation, it is a crime of the fourth degree.
What is Aggravated Assault
Bob Kelly’s alleged attacker was arrested and charged with aggravated assault. Unlike a simple assault, an aggravated assault in New Jersey is an indictable crime. A person who is guilty of an aggravated assault after he or she causes or attempts to cause serious bodily injury to another. An aggravated assault is also cause if a person or knowingly causes bodily injury to another with a deadly weapon.
An aggravated assault in New Jersey is a crime of the second degree if the Court finds that a person caused serious bodily injury. It is a crime of the third degree if a person attempts to cause only bodily injury with a deadly weapon. A deadly weapon can be practically anything in New Jersey, just like Pennsylvania.
Pennsylvania, similar to New Jersey, classifies aggravated assault (Title 18, Section 2702) based on the circumstances surrounding the incident; it’s a felony grade crime in the Commonwealth.
No Early Release for Aggravated Assault in New Jersey
In addition to being a crime of the second degree in New Jersey, aggravated assault is also a crime that carries with it No Early Release Act penalties. This means that if convicted at trial or following a plea, he would need to serve 85% of the prison term imposed. 2C:43-7.2. Eligibility for parole; persons convicted of certain violent crimes. This No Early Release penalty will more than likely be a critical piece to any plea negotiations in this matter. Again, the purpose of the Pre-Indictment Conference is to explore a possible no trial disposition for a criminal case in New Jersey prior to an indictment
What are the maximum punishments For Crimes like Aggravated Assault in New Jersey and Pennsylvania
The maximum punishment for a crime of the second degree is ten (10) years of State incarceration and five (5) years of State incarceration for crimes of the third degree. While crimes of the fourth degree carry with them a maximum of punishment of eighteen (18) months of State incarceration. The maximum punishment for a felony of the second degree is 10 years and 7 years for a felony of the 3rd degree. Misdemeanors crimes in Pennsylvania still subject a person to a possible state prison sentence—Misdemeanor of the first degree (5 years); Second Degree (2 years) and 3rd degree (1 year)
Disorderly offenses carry with them a maximum punishment of six (6) months of county incarceration and a $1,000.00 fine, while petty disorderly offenses carry with thirty (30) days of county incarceration and $500.00 fines.
Many of our clients fail to understand that while the burden is on the prosecution during a criminal trial, the defense is required to assert a self defense argument before the prosecution is required to address it. It’s important to understand that the Commonwealth (through the ADA) or the State (Prosecutor) must prove, beyond a reasonable doubt, that the defendant didn’t actually believe that he was in danger of death or serious bodily injury.
In the alternative, the prosecution can also meet its burden of proof if it shows, beyond a reasonable doubt, that this belief was unreasonable in light of all the circumstances known to the defendant.
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