ClickCease
609.267.5739
Share

Burlington County, NJ Law Blog

Monday, July 6, 2015

New Jersey Jury Convicts Man Following Harrowing Shooting on PATH Train

What is ‘aggravated assault’ under New Jersey law? 

In June, 2015, a jury sitting in Hudson County Superior Court convicted a 36-year old man of two counts of aggravated assault – as well as several other lesser offenses – following a frightening incident onboard a PATH train idling in the Jersey City New Port station on August 25, 2013. The defendant, who shot two passengers as well as himself, could face up to 40 years in prison under New Jersey’s sentencing guidelines, which take into account the brutality and recklessness of a particular crime. 

In this scenario, the defendant opened fire following an alleged altercation between himself and another passenger. At the time, the train was loaded with passengers – including several infants and small children – who can be seen “running for their lives” in video surveillance footage. According to the prosecution, the defendant brandished his firearm unprovoked and began assailing the crowd with bullets. However, his New Jersey criminal defense attorney painted quite a different picture, highlighting the alleged overwhelming number of intoxicated passengers who were provoking the defendant and “did not care.”

Nonetheless, the defendant is expected to receive his sentence on August 7, 2015 – which will take into account prior weapons violations. 

Assault vs. aggravated assault

Simple assault is defined as conduct in which “[a] person….attempts, by physical menace, to put another in fear of imminent serious bodily injury.” From there, the facts surrounding the situation will help determine whether the prosecution could possibly upgrade the charge to one of aggravated assault, as was the case in this criminal conviction. Under N.J. Stat. Ann. § 2C:12-1, aggravated assault is defined to include conduct involving a deadly weapon, extreme indifference to human life (as opposed to negligence), or causing bodily injury while fleeing from the commission of a crime. In other words, a conviction of “aggravated” assault requires proof from the prosecution that the defendant’s actions involved extreme and egregious behavior. 

If you are facing an assault charge and would like to speak to a reputable attorney about your situation, contact the experienced criminal defense attorneys of New Jersey’s Sitzler & Sitzler today by calling 609-267-1101. 




Archived Posts

2017
2016
2015
December
November
October
September
August
July
June
May
April
February
January
2014


Criminal Defense News

Hiring an attorney is an important decision which should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Please call the office at (609) 267-1101 to schedule a free consultation to discuss the specifics of your matter. Same day consultations are available. We are available for detention hearings in every county in South Jersey. Detention hearings are normally scheduled with in forty-eight (48) hours of an arrest that resulted in immediate incarceration.

We handle every type of criminal and traffic offense in the Federal Court, the Magistrate Court (military matters); the State Courts (superior court), the Municipal Courts located in townships, cities and boroughs within the counties of Burlington, Camden, Ocean, Gloucester, Atlantic, Cumberland, Salem, Cape May, and Mercer.



© 2019 Sitzler and Sitzler | Attorney Advertising
1487 State Highway 38 West, Hainesport, NJ 08036
| Phone: 609-267-1101

Criminal Defense Overview | Theft | White Collar Crimes | DWI/DUI Defense | Felonies/Indictable Charges | Homicide | Misdemeanor/Disorderly Person | Traffic Violations | Criminal Sexual Contact | Violent Crimes | Drug Crimes | Expungement | Domestic Violence | Juvenile Matters | Weapons Offenses | Federal Cases | MVC Points/ Driver License Violations | Probation and Parole Violations | Multiple DUI/DWI Offenses | Megan's Law | Assault and Battery | Burglary | Appellate Law | Guns and Weapons Charges | CJP Hearing | Criminal Defense | About Us | Other Services | En Espanol

FacebookGoogle+TwitterLinked-In Company

Law Firm Website Design by
Zola Creative