TWENTY-FOUR DAYS LATER, SEVEN DAYS AFTER DAY FIVE-HUNDRED FIFTEEN

FOLLOWING FROM THE 34TH DAY T MINUS THREE ZERO THIRTEEN: A VERY CURIOUS COINCIDENCE
TWELVE FEBRUARY TWO-THOUSAND NINETEEN
IN THIS MATTER, IT TOOK THE MERCER COUNTY PROSECUTOR’S OFFICE TWENTY-FOUR DAYS TO DOWNGRADE NO LESS THAN THREE CHARGES TO MUNICIPAL COURT FOLLOWING FROM AN INCIDENT THAT DID INCLUDE AT LEAST ONE ALLEGED ACT OF FELONY AGGRAVATED ASSAULT. HOWEVER, IN THE MATTER OF PICKETTERS’ CHARGE, IT TOOK THE MERCER COUNTY PROSECUTOR’S OFFICE FIVE-HUNDRED AND FIFTEEN DAYS TO DOWNGRADE ONE NON-VIOLENT CHARGE OF [PICKETTERS’ CHARGE] TO MUNICIPAL COURT FOR FURTHER PROSECUTION AS AN UNDEFINED PETTY DISORDERLY PERSONS VIOLATION. [ENLARGE]

WHAT EXACTLY IS AGGRAVATED ASSAULT?
LET US CONSULT THE TEXT OF THE LAW

FROM TITLE TWO C WE FIND THE FOLLOWING DEFINITIONS OF AGGRAVATED ASSAULT

SIMPLE ASSAULT GRADED AS SECOND DEGREE AGGRAVATED ASSAULT, N.J.S.A. 2C:12-1 (B)(5)(A)

AN ACTOR COMMITS AN ACT OF AGGRAVATED ASSAULT WHEN HE OR SHE COMMITS ANY ACT IN VIOLATION OF N.J.S.A. 2C:12-1 (A) et seq. THAT WOULD OTHERWISE BE IDENTIFIED AS SIMPLE ASSAULT AND GRADED AS A DISORDERLY OR PETTY DISORDERLY PERSONS OFFENSE, WHEN THE VICTIM OF THAT SIMPLE ASSAULT IS A LAW ENFORCEMENT OFFICER ENGAGED IN THE COURSE OF HIS OR HER DUTIES WHILE IN UNIFORM, OR AT SUCH TIME WHEN EVIDENCE OF LAW ENFORCEMENT AUTHORITY IS BEING EXHIBITED, OR WHEN THE ACTOR DIRECTS SUCH CONDUCT AT ANY PERSON FOR THE INTENDED PURPOSE TO HUMILIATE A LAW ENFORCEMENT OFFICER WHETHER IN UNIFORM OR PLAINCLOTHES.

DAVID CANNADY WAS IN ALL LIKELIHOOD CHARGED WITH SECOND DEGREE AGGRAVATED ASSAULT FOR ONE OR MORE ACTS IN VIOLATION OF N.J.S.A. 2C:12-1 (B)(5)(A).

SECOND DEGREE AGGRAVATED ASSAULT, N.J.S.A. 2C:12-1 (B)(1)

OTHERWISE, AGGRAVATED ASSAULT IS DESCRIBED AS ANY ACT THAT IS COMMITTED WITH THE INTENT TO CAUSE SIGNIFICANT BODILY INJURY, EVEN IN THE CASE WHEN THE ACT DOES NOT CAUSE SIGNIFICANT BODILY INJURY, OR ANY ACT COMMITTED WITH INTENT TO THAT DOES INDEED CAUSE SIGNIFICANT BODILY INJURY, OR ANY CONDUCT THAT AN ACTOR ENGAGES IN WITHOUT PRIOR MOTIVE UNDER CIRCUMSTANCES MANIFESTING EXTREME INDIFFERENCE TO THE VALUE OF HUMAN LIFE THAT DOES RECKLESSLY CAUSE SIGNIFICANT BODILY INJURY TO A PERSON.

THIRD DEGREE AGGRAVATED ASSAULT, N.J.S.A. 2C:12-1 (B)(2)

WHEN THE ACTOR ATTEMPTS TO CAUSE OR DOES CAUSE SIGNIFICANT BODILY INJURY WITH A DEADLY WEAPON WITH PRIOR MOTIVE.

FOURTH DEGREE AGGRAVATED ASSAULT, N.J.S.A. 2C:12-1 (B)(3)

WHEN THE ACTOR ATTEMPTS TO CAUSE OR DOES CAUSE SIGNIFICANT BODILY INJURY WITH A DEADLY WEAPON WITHOUT PRIOR MOTIVE.

FOURTH DEGREE AGGRAVATED ASSAULT, N.J.S.A. 2C:12-1 (B)(4)

WHEN THE ACTOR POINTS A LOADED OR UNLOADED FIREARM IN THE DIRECTION OF ANOTHER PERSON AT SUCH TIME HE OR SHE KNOWS THE ACT WAS COMMITTED UNDER CIRCUMSTANCES MANIFESTING EXTREME INDIFFERENCE TO THE VALUE OF HUMAN LIFE.

THIRD OR FOURTH DEGREE AGGRAVATED ASSAULT, N.J.S.A. 2C:12-1 (B)(5) ET SEQ.

WHEN THE ACTOR COMMITS SIMPLE ASSAULT AGAINST SPECIFIC PERSONS IDENTIFIED IN PARAGRAPHS (A) THROUGH (K) FOLLOWING AS LAW ENFORCEMENT OFFICERS, FIREMEN, FIRST-RESPONDERS, SCHOOL EMPLOYEES, AND OTHER PROTECTED PROFESSIONS WITH FURTHER DESCRIPTIONS OF SPECIFIC GEAR AND SCENARIOS THAT CONSTITUTE AGGRAVATED ASSAULT

SECOND, THIRD OR FOURTH DEGREE AGGRAVATED ASSAULT, N.J.S.A. 2C:12-1 (B)(6) THROUGH (12)

WHEN THE ACTOR ATTEMPTS TO CAUSE OR DOES CAUSE SIGNIFICANT BODILY INJURY OF A PERSON IN A SPECIFIC CONTEXT, OR POINTS A LOADED OR UNLOADED FIREARM AT ANOTHER PERSON IN A SPECIFIC CONTEXT, OR USES SPECIFIC TECHNOLOGY IN A SPECIFIC CONTEXT.

DISORDERLY PERSONS, THIRD OR FOURTH DEGREE AGGRAVATED ASSAULT, N.J.S.A. 2C:12-1 (C) ET SEQ

WHEN THE ACTOR USES AN AUTO OR VESSEL IN AN ATTEMPT TO CAUSE OR DOES CAUSE SIGNIFICANT BODILY INJURY OF A PERSON IN A SPECIFIC CONTEXT, OR OTHER SPECIFIED ACTS COMMITTED USING AN AUTO OR VESSEL.

FOURTH DEGREE AGGRAVATED ASSAULT, N.J.S.A. 2C:12-1 (D) 

WHEN THE ACTOR COMMITS SIMPLE ASSAULT AGAINST AN INSTITUTIONALIZED ELDERLY PERSON.

FOURTH DEGREE AGGRAVATED ASSAULT, N.J.S.A. 2C:12-1 (F)

WHEN THE ACTOR COMMITS SIMPLE ASSAULT AGAINST A PERSON AT YOUTH SPORTING EVENT.


WHAT ARE THE SENTENCING GUIDELINES FOR A SECOND DEGREE AGGRAVATED ASSAULT CONVICTION?
LET US DISCOVER IN THE TEXT OF THE LAW
CHAPTER FORTY-THREE

TWO C FORTY THREE ONE PAGE THREE FIVE THREE

N.J.S.A. C:43-2 (A)

SENTENCE IN ACCORDANCE WITH CODE AND AUTHORIZED DISPOSITIONS SET FORTH IN CHAPTER FORTY-THREE OF THE CRIMINAL CODE, EXCEPT AS OTHERWISE PROVIDED BY THE CODE.

N.J.S.A. 2C:43-2 (B)(3)

THE INDIVIDUAL CONVICTED OF AN OFFENSE MAY BE SENTENCED TO IMPRISONMENT FOR A TERM AUTHORIZED BY SECTIONS 2C:11-3, 2C:43-5, 2C:43-6, 2C:43-7, 2C:43-8 OR 2C:44-5.


SECOND DEGREE SENTENCING GUIDELINES FOUND IN CHAPTER FORTY-THREE, SECTION SIX

CHAPTER FORTY THREE SECTION SIX
[BEWARE DIRECT LINK] REFER TO NJ LEGISLATURE DATABASE AT https://lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish:10.1048/Enu [ENLARGE]
AGGRAVATING OR MITIGATING FACTORS ASIDE, THE SENTENCING GUIDELINES FOR SECOND DEGREE AGGRAVATED ASSAULT ARE AS FOLLOWS BELOW,

(2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years;

YET REMANDED IN TWENTY-FOUR DAYS BY THE MERCER COUNTY PROSECUTOR’S OFFICE!

UNBELIEVABLE!

WHEREAS IN THE CASE OF THE FOURTH DEGREE PICKETTERS’ CHARGE, THE SENTENCING GUIDELINE ARE AS FOLLOWS BELOW,

(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.

IN WHICH CASE THE MERCER COUNTY PROSECUTOR’S OFFICE TOOK FIVE-HUNDRED AND FIFTEEN DAYS TO REMAND AND DOWNGRADE PICKETTERS’ CHARGE BACK TO THE MUNICIPALITY OF ORIGIN AS A PETTY DISORDERLY PERSONS VIOLATION, THE SENTENCING GUIDELINES FOR WHICH ARE AS FOLLOWS BELOW,

CHAPTER FORTY THREE SECTION EIGHT
[BEWARE DIRECT LINK] REFER TO NJ LEGISLATURE DATABASE AT https://lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish:10.1048/Enu [ENLARGE]

“A person who has been convicted of a disorderly persons offense or a petty disorderly persons offense may be sentenced to imprisonment for a definite term which shall be fixed by the court and shall not exceed 6 months in the case of a disorderly persons offense or 30 days in the case of a petty disorderly persons offense.


SO WHAT EXACTLY IS GOING ON IN THE COUNTY OF MERCER?
STAY TUNED. 

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