Amendment to the Grading of Strangulation Assaults

by Fred Sisto | Jan 27, 2018 | Blog, New Jersey, Violent Crimes

The following statute, N.J.S.A. 2C:12-1b(13), was amended by L. 2017 C. 240 for the purpose of providing that strangulation of a victim resulting in bodily injury during the commission of an act of domestic violence constitutes aggravated assault. The revised statute reads:

2C:12-1. b. Aggravated assault. A person is guilty of aggravated assault if he:

. . . (13) Knowingly or, under circumstances manifesting extreme indifference to the value of human life, recklessly obstructs the breathing or blood circulation of a person who, with respect to the actor, meets the definition of a victim of domestic violence, as defined in subsection d. of section 3 of P.L.1991, c.261 (2C:25-19), by applying pressure on the throat or neck or blocking the nose or mouth of such person, thereby causing or attempting to cause bodily injury.

The statute was amended to remove the words “Causes bodily injury to another by strangling the person in the course of committing an act” before the first sentence in paragraph (13). The words “against the person” were also removed immediately after (2C:25-19).

Aggravated assault under paragraphs (1) and (6) of subsection b. of this section is a crime of the second degree; under paragraphs (2), (7), (9) and (10) of subsection b. of this section is a crime of the third degree; under paragraphs (3) and (4) of subsection b. of this section is a crime of the fourth degree; and under paragraph (5) of subsection b. of this section is a crime of the third degree if the victim suffers bodily injury, otherwise it is a crime of the fourth degree. Aggravated assault under paragraph (8) of subsection b. of this section is a crime of the third degree if the victim suffers bodily injury; if the victim suffers significant bodily injury or serious bodily injury it is a crime of the second degree. Aggravated assault under paragraph (11) of subsection b. of this section is a crime of the third degree. Aggravated assault under paragraph (12) or (13) of subsection b. of this section is a crime of the third degree but the presumption of non-imprisonment set forth in subsection e. of N.J.S.A. 2C:44-1 for a first offense of a crime of the third degree shall not apply.

Slight changes were made to the verbiage of the previous paragraph. The number (13) was added in light of the new sub-section and the sentence structure was corrected accordingly.

      Excellent rating  
 Based on 288 reviews 
    
  
 
 
      Especially given the situations we had to work under right now with COVID-19, I am glad to have had Fred Sisto represent me. The outcome was much better than anticipated, and he always ensured to maintain proper communication, including not going any further until you 100% understood what's going on, and made a point to keep me updated as much as possible with any of the incoming changes due to quarantine (which was confusing for me at first). Always has your best interests in mind, and an all-around great attorney and person.
     Mel C 
 
 
 
 
    Thank you very much for your information on DUI check points. It is a great asset to the community . 5 stars for sure!
     James P 
 
 
 
 
    Fred always publishes where local DWI Checkpoints are going to be! He is also a very prominent Attorney in the Ocean County areas of Point Pleasent and Now a new Brick office!
     Michael K 
 
 
 
 
    Realmente es un gran abogado, me ayudo muchísimo en todo este proceso y sobre todo que habla español que es una de las cosas importantes para mi. Por que lo hizo mas entendible y facil cada una de las cosas que tenía que hacer y su amabilidad y paciencia para poder explicarme qué tenía que hacer. Además que mi caso fue un éxito gracias a él ya cada uno de sus conocimientos y a su apoyo en todo momento. Lo recomiendo 100%.
     Luis A 
 
 
 
 
    My boyfriend used Fred Sisto twice and had nothing but positive results.  Fred was professional, courteous, and punctual. His office was also very attentive and understanding when he had to speak with them regarding his case.  I would recommend using Fred to anyone in the monmouth or ocean county region if they had any criminal case regarding the possession of marijuana
     C 
 
 
 
 
    Fred was great and very reasonable. He was extremely easy to get ahold of or very quick to return my calls. I was able to get my charge dropped altogether. I highly recommend Fred!
     Jasmine C 
 
 
 
 
    Fred was very professional, competent,  and a pleasure to deal with I cant thank him enough I highly recommend his services
     Mildred T 
 
 
 
 
    Recently I encountered some legal matters in the state of New Jersey during my visit and it would have became serious if it was not taken care of. Mr. Sisto and I discussed the case through the phone and exchanged documents through email. Since I was unable to travel back and forth due  to restricted time, I have asked Mr. Sisto to handle the case on my behalf. I was very pleased with the result and would recommend Mr. Sisto for any legal matters.
     Nam N 
 
 
 
 
    Exquisite business ethic couldn't ask for a better service from a lawyer superior job def recommend to friends family and even strangers
     Lukas A 
 
 
 
 
    Fred is fast, attentive and excels at what he does. He provides reasonable and professional advice when your are dealing with complex and stressful legal situations. He is straight to the point and does not wast time. I would use him again and definitely recommend.
     1093Nj