CALL NOW! for a Consultation - (866) 668-5058

Violent Crimes

Violent Crimes in New Jersey

High-Stakes Charges – How Mark Bailey Can Help Protect Your Freedom

In New Jersey, violent crimes are among the most aggressively prosecuted offenses in the criminal justice system. These cases often involve allegations of force, threats, or weapons, and can carry long state prison sentences, No Early Release Act (NERA) parole bars, and a permanent “violent offender” label that follows you for life.

Violent offenses can be charged under a wide range of statutes, including:

  • Simple & Aggravated Assault (N.J.S.A. 2C:12-1)

  • Robbery (N.J.S.A. 2C:15-1)

  • Terroristic Threats (N.J.S.A. 2C:12-3)

  • Weapons Offenses (N.J.S.A. 2C:39-3, 2C:39-4, 2C:39-5)

  • Kidnapping (N.J.S.A. 2C:13-1)

  • Carjacking (N.J.S.A. 2C:15-2)

  • Sexual Assault & Aggravated Sexual Assault (N.J.S.A. 2C:14-2)

  • Homicide-related offenses (Manslaughter, Murder, N.J.S.A. 2C:11-3, 2C:11-4)

If you have been accused of a violent crime, you’re facing serious prison exposure, the possibility of extended terms, and consequences that can affect where you live, work, and even whether you can see your family. You need a strategic, experienced defense attorney immediately.

How Attorney Mark Bailey Approaches Violent Crime Cases

Attorney Mark Bailey knows that a violent crime charge is often based on split-second events, conflicting stories, and emotional reactions—not always clear-cut “good vs. evil” scenarios.

He takes a selective, hands-on approach, limiting the number of serious cases he handles so he can:

  • Thoroughly review police reports, body-cam, dash-cam, surveillance video, and 911 calls

  • Examine medical records, photographs of injuries, and forensic evidence

  • Analyze witness statements for inconsistencies, bias, or self-interest

  • Look at the full context: self-defense, mutual fighting, intoxication, mental health, or misidentification

  • Explain your realistic sentencing exposure, including NERA and extended-term risks, so you can make informed decisions

His goal is to reduce or defeat the charges, protect you from the harshest penalties, and preserve your future as much as possible.

Common Types of Violent Crimes in New Jersey

Below are some of the main categories of violent offenses that are frequently charged in New Jersey courts.

Assault (Simple & Aggravated) – N.J.S.A. 2C:12-1

Simple Assault generally involves:

  • Causing or attempting to cause bodily injury

  • Negligently causing bodily injury with a deadly weapon

  • Putting another person in fear of imminent serious bodily injury

Usually charged as a disorderly persons offense in Municipal Court, but can be upgraded in certain circumstances (mutual fights, public servants, etc.).

Aggravated Assault is more serious and can involve:

  • Serious bodily injury or attempts to cause it

  • Use of a deadly weapon

  • Assault against police, public servants, teachers, EMTs, etc.

  • Assault while driving intoxicated resulting in injury

Aggravated assault is typically a second- or third-degree crime, carrying 3–10 years in prison depending on degree and circumstances, and can sometimes trigger NERA parole ineligibility when serious bodily injury or certain weapons are involved.

Robbery – N.J.S.A. 2C:15-1

Robbery is essentially a theft that becomes a violent crime because force, threats, or injury are alleged.

A person commits robbery if, during a theft (or attempt/flight), they:

  • Inflict bodily injury or use force

  • Threaten or purposely put someone in fear of immediate bodily injury

  • Commit or threaten to immediately commit a first- or second-degree crime in the course of the theft

Robbery is ordinarily a second-degree crime (5–10 years in prison), but becomes first-degree (10–20 years) if:

  • The actor attempts to kill

  • Purposely inflicts or attempts to inflict serious bodily injury

  • Is armed with or uses a deadly weapon

Most robbery sentences are subject to the No Early Release Act (NERA), which requires serving 85% of the sentence before parole eligibility.

Terroristic Threats – N.J.S.A. 2C:12-3

“Terroristic threats” is a violent-type offense based on serious threats, often in the context of:

  • Domestic disputes

  • School or workplace incidents

  • Social media posts or messages

It generally involves:

  • Threatening to commit a crime of violence with the purpose to terrorize or cause serious public inconvenience; or

  • Threatening to kill another with intent to place them in immediate reasonable fear the threat will be carried out

Usually a third-degree crime (3–5 years), but can be second-degree in certain circumstances (e.g., during a declared state of emergency).

Weapons Offenses & Armed Crimes – N.J.S.A. 2C:39

New Jersey has some of the toughest weapons laws in the country. Violent charges are often paired with:

  • Unlawful possession of a weapon (firearms, certain knives, etc.)

  • Possession of a weapon for an unlawful purpose

  • Certain Persons Not to Have Weapons (prior convictions or domestic violence history)

Convictions can bring:

  • Mandatory prison terms under the Graves Act

  • Parole ineligibility ranges

  • Substantial fines and long-term firearm bans

When a violent crime (like robbery or assault) involves a firearm, exposure can jump dramatically.

Kidnapping, Carjacking & Other Serious Violent Offenses

Some violent offenses are treated as especially grave, including:

  • Kidnapping (N.J.S.A. 2C:13-1) – Often a first-degree crime, with exposure up to 30 years or more depending on circumstances

  • Carjacking (N.J.S.A. 2C:15-2) – Always a first-degree crime, with a sentencing range of 10–30 years and NERA parole ineligibility

  • Aggravated Sexual Assault / Sexual Assault (N.J.S.A. 2C:14-2) – First- and second-degree offenses, often with NERA, Megan’s Law, and Parole Supervision for Life (PSL)

  • Manslaughter & Murder (N.J.S.A. 2C:11-3, 2C:11-4) – The most serious violent charges, with long-term or life imprisonment possibilities

These higher-level violent crimes are often handled in the Superior Court and frequently involve:

  • Grand jury indictments

  • Complex discovery

  • Expert witnesses (forensics, mental health, ballistics, etc.)

Sentencing Issues in Violent Crime Cases

Violent crime sentencing in New Jersey can be harsh, especially when:

  • The offense is first or second degree

  • The No Early Release Act (NERA) applies (must serve 85% of the term)

  • The State seeks an extended term based on prior convictions

  • Weapons statutes like the Graves Act are involved

Potential consequences include:

  • State prison terms from several years to decades

  • Lengthy periods of parole ineligibility

  • Probation or parole conditions (no-contact orders, curfews, treatment)

  • Fines, restitution, and assessments

  • Long-term effects on employment, housing, immigration, and family life

Because so much is at stake, building a strong defense early is critical.

Defenses & Strategies in Violent Crime Cases

Each case is unique, but common defense themes include:

1. Self-Defense / Defense of Others

New Jersey law recognizes the right to use reasonable force to protect yourself or others from unlawful force. Key questions include:

  • Who initiated the confrontation?

  • Was the force used proportionate to the threat?

  • Did you reasonably believe you or someone else was in immediate danger?

In many fights, both sides claim to be the victim. Properly presenting self-defense can make the difference between conviction and acquittal.

2. Misidentification & Credibility

Violent incidents often happen quickly, in poor lighting or chaotic settings. Defenses may focus on:

  • Unreliable eyewitness identification

  • Conflicting accounts between witnesses

  • Lack of clear video or forensic corroboration

Challenging the who, how, and what actually happened can significantly weaken the State’s case.

3. Exaggeration & Overcharging

Sometimes law enforcement or alleged victims overstate injuries or threats to justify more serious charges, like turning:

  • A minor scuffle into “aggravated assault”

  • A struggle over property into “robbery”

  • Angry words into “terroristic threats”

A strong defense can push back on overcharging and seek reductions to lesser offenses.

4. Mental Health, Intoxication & Mitigation

Violent incidents can be heavily influenced by:

  • Mental health crises

  • Substance use or impairment

  • Emotional triggers (domestic disputes, grief, trauma)

Even when the evidence is strong, these factors can be crucial in:

  • Plea negotiations

  • Arguing for reduced charges

  • Presenting mitigation at sentencing to avoid the harshest penalties

5. Suppression of Evidence & Constitutional Issues

Violent crime cases often involve:

  • Searches of homes, cars, and phones

  • Statements taken by police after arrest

  • Seizure of weapons or physical evidence

If police violated your constitutional rights (unlawful search, lack of Miranda warnings, coerced statement), key evidence might be excluded—sometimes crippling the prosecution’s case.

How Mark Bailey Can Help If You’re Charged With a Violent Crime

When you hire Mark A. Bailey, he will:

  • Obtain and carefully review all discovery: reports, videos, photos, medical records, forensic tests

  • Identify legal and factual weaknesses in the State’s case

  • File appropriate motions (to suppress evidence, dismiss counts, or limit prejudicial testimony)

  • Work with investigators and experts to develop self-defense, misidentification, or alternative-theory arguments

  • Negotiate aggressively when appropriate—but also be prepared to take your case to trial if that’s in your best interest

His mission is to protect your rights, your liberty, and your future in some of the most serious cases New Jersey courts handle.

The Law Office of Mark A. Bailey is dedicated to defending individuals accused of serious violent offenses and fighting for the best possible outcome in every case.

Contact Mark Bailey today for a confidential consultation to discuss your violent crime charges, your rights, and the best strategy for moving forward.