If you lay your hands on another person, or even attempt to, you may be accused of committing assault in the state of New Jersey. That said, depending on the specifics of your interaction with a third party, this may be categorized as either first- or second-degree assault. Please continue reading to learn the difference between the two and how an experienced Morris County assault lawyer at Macri Law Firm can help you fight off either accusation.
What is the difference between assault charges?
Put in simple terms, first-degree assault is considered a more severe offense than second-degree assault. Specifically, first-degree assault involves a clear intent to cause serious bodily injury or death to a victim while using a deadly weapon or dangerous instrument.
On the other hand, second-degree assault may involve a lesser intent, such as a reckless disregard for safety. Also, it may result in a victim’s serious injuries, but they may not necessarily be life-threatening. Rather, they may temporarily impair their physical condition or cause substantial pain. Lastly, the intent to cause serious injury may be noted with or without the use of a weapon.
Nonetheless, both offenses come with their fair share of criminal consequences. Committing a first-degree offense in the state of New Jersey may lead you to a prison sentence of 10 to 20 years and a fine of up to $200,000. For a second-degree offense, this may be five to 10 years of prison and up to a $150,000 fine.
Can a first-degree assault charge be downgraded to second-degree assault?
After reviewing your case, your legal representative may assure you that it is possible to downgrade your impending first-degree assault charge to second-degree assault. This is so you may face fewer penalties and overall have a less serious offense on your permanent criminal record.
This is made possible by attempting to enter a plea deal with the prosecutor. Importantly, though, you must understand that doing so essentially means you plead guilty to a crime. Namely, you are admitting guilt to second-degree assault and subsequently bargaining with the prosecutor to lighten your sentence.
At this time, the prosecutor does not have to agree to enter a plea bargain or ultimately strike a deal. However, if your legal representative does a good enough job, they may convince them otherwise. This is if your lawyer can effectively argue that you have a good character with no background in criminal activity, or that the prosecutor’s evidence of your alleged first-degree offense is weak and will not hold up in court.
With that, an additional benefit to a plea deal is that you avoid the time, money, and overall risk of criminal court trial proceedings. If you are ready to fight for what is right, please retain the services of a skilled Morris County, New Jersey criminal defense lawyer. Our team at the Macri Law Firm awaits your phone call.