A teen unprovokedly attacked a man crossing a street in Paterson on December 7, 2015. He threw one punch, knocking out the unsuspecting victim. A second teen recorded the attack, which later went viral on Twitter and Facebook.

The video prompted an aggressive investigation by the Paterson Police Department. The victim was a 37-year-old, 5-foot-2, 125-pound man who lost a tooth and required stitches to his head. He continues to suffer from neck and back pain as a result of the assault.

The two teens left the victim lying unconscious in the street. The teen seen throwing the punch now faces aggravated assault and endangering an injured victim charges. He had turned 18 just days after the attack and has pleaded not guilty. The prosecutor is seeking to upgrade the case to adult court. The 16-year-old who recorded the video also turned themselves in and pleaded not guilty to the same charges.

Aggravated Assault Charges (N.J.S.A 2C:12-1b)

The teens were charged with aggravated assault because they "recklessly caused bodily injury" to the victim. This differs from simple assault, which applies when both parties voluntarily engage in a fight, a much lesser disorderly persons offense.

Aggravated assault (N.J.S.A 2C:12-1b) is a felony in New Jersey, carrying significantly heavier penalties. Charges can be filed as a second, third, or fourth-degree crime, with consequences that may include fines, probation, restitution, or a prison sentence of 18 months to 10 years.

Even after serving time and completing probation, a criminal conviction can follow you for life, affecting your ability to find employment and secure housing.

Fourth degree aggravated assault
2C:12-1(b)(3) —  Recklessly causes bodily injury to another with a deadly weapon

Third degree aggravated assault
2C:12-1(b)(2) —  Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon;

2C:12-1(b)(7) —  Attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury

Second degree aggravated assault
2C:12-1(b)(1) —  Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury

2C:12-1(b)(6) —  Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10.

Endangering An Injured Victim (2C:12-1.2)

The Endangering an Injured Victim charge stems from the teens walking away from the unconscious victim without any regard for his condition. They failed to provide necessary care while he lay helplessly in the street.

This is a third degree crime, carrying a penalty of 3 to 5 years in prison and up to $15,000 in fines, penalties, and/or probation. In most assault cases, this charge is filed in addition to aggravated assault.

2C:12-1.2. Endangering an injured victim (third degree)
a. A person is guilty of endangering an injured victim if he causes bodily injury to any person, or solicits, aids, encourages, or attempts or agrees to aid another who causes bodily injury, and leaves the scene knowing or reasonably believing that the injured person is physically helpless, mentally incapacitated, or otherwise unable to care for himself.

Do You Need A Criminal Defense Attorney?

If you or a family member has been accused of aggravated assault, it is important to act quickly. This is a serious felony that can have long-lasting effects on your life and future. Call the Defense Lawyers at Villani & DeLuca at 732-709-7757 today to discuss your case.