New Jersey prosecutors may charge an individual with either simple assault or the more serious offense of aggravated assault based on how the alleged victim was injured and the severity of the injury.
Simple assault charges may be filed for intentionally causing someone to be injured, or for threatening to harm someone. Simple assault is charged as a disorderly person’s offense, or a petty disorderly person’s offense if a fight was consensual.
Aggravated assault is defined as inflicting serious or significant bodily injury or assaulting someone with a deadly weapon regardless of the injury. Aggravated assault is an indictable offense, a more serious crime.
The New Jersey criminal justice system levies harsh penalties on people convicted of violent crimes. Being convicted of either simple or aggravated assault will leave you with a criminal record. It also could lead to jail time, depending on the charge. Having a criminal record will be detrimental when seeking employment, applying for credit, or seeking admission to college.
Anyone charged with simple or aggravated assault in New Jersey should seek the assistance of an experienced criminal defense attorney as soon as possible. The 10 defense attorneys at the Law Offices of Jonathan F. Marshall include former county and municipal prosecutors who have well over 200 years of collective legal experience and now exclusively defend individuals facing criminal charges.
To obtain a free consultation with a simple or aggravated assault lawyer immediately, contact us at 855-450-8310.
What Is Aggravated Assault?
An aggravated assault involves causing a serious bodily injury to a person, attempting to cause bodily injury with a deadly weapon, or pointing a firearm at another person. Aggravated assault charges also may be filed for injuring a person employed in any of several public-facing occupations. Regardless of the extent of injury caused, you may be charged with aggravated assault for injuring someone with a deadly weapon.
Aggravated assault may be charged for causing:
- Serious bodily injury, which is an injury that creates a substantial risk of death or that causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ, or
- Significant bodily injury, which is an injury that creates a temporary loss of function of any bodily member or organ or temporary loss of any one of the five senses.
According to N.J. law, a deadly weapon is any firearm or other weapon, instrument, material, or substance that can be used to cause death or serious bodily injury or be used to make the victim believe it could kill them or cause serious bodily injury.
It is also aggravated assault to:
- Point a firearm at or fix a firearm’s laser sight on a law enforcement officer
- Cause bodily injury to another person while fleeing or attempting to elude a law enforcement officer
- Start a fire or cause an explosion that injures an emergency responder.
Aggravated assault charges may also be filed for harming any of a variety of public workers while they are on the job, including police, judges, jailers, teachers, emergency responders, transit and utility workers, and several others.
Penalties for Aggravated Assault in New Jersey
Depending on the circumstances, aggravated assault in New Jersey may be charged as a:
Second-degree offense, punishable by 5 to 10 years in prison and a fine of up to $150,000.
Aggravated assault charges may be filed as a second-degree offense for:
- Causing injury while fleeing a law enforcement officer
- Starting a fire that causes serious bodily injury to emergency responders
- Attempting or causing serious bodily injury while showing extreme indifference to the value of human life.
Third-degree offense, punishable by 3 to 5 years in prison and a fine of up to $15,000.
Aggravated assault charges may be filed as a third-degree offense for:
- Pointing a gun or an imitation gun at a law enforcement officer
- Starting a fire that causes significant injury to emergency personnel
- Intentionally choking a domestic partner or family member.
Fourth-degree offense, punishable by up to 18 months in prison and a fine of up to $10,000.
Aggravated assault charges may be filed as a fourth-degree offense for:
- Causing bodily injury (simple assault) to a member of a specified class including police officers, firefighters, or schoolteachers
- Pointing a firearm at another person
- Recklessly causing bodily injury to another person with a deadly weapon
Punishment will include paying court costs and fees, including the Victim of Crime Compensation Board assessment. The sentence upon conviction also may include performing community service and undergoing counseling for anger management and/or alcohol/drug abuse. Probation may be available to a first-time offender in lieu of jail time.
What Is Simple Assault?
Simple assault charges may be filed for any kind of fight or aggressive physical contact between two or more people that cause minor injuries, such as bruises or small cuts. Arguments, domestic disputes, conduct influenced by intoxication, and other aggressive behavior can escalate into violent acts that lead to complaints and charges of simple assault.
Threatening someone with harm may also be considered simple assault.
New Jersey law says someone commits simple assault if they:
- Attempt to cause or purposely, or recklessly cause bodily injury to another
- Negligently cause bodily injury to another with a deadly weapon
- Attempt by physical menace to put another in fear of imminent serious bodily injury.
Bodily injury is defined as physical pain, illness, or any impairment of physical condition.
Penalties for Simple Assault in New Jersey
Simple assault charges are usually filed as a disorderly person’s offense. If arrests are made after a consensual fight or scuffle, then petty disorderly person offense charges should be filed. Remember, what would be considered simple assault becomes aggravated assault if a public official, such as a police officer or a teacher, is attacked.
A disorderly person’s offense is punishable by up to six months in jail and/or a fine of up to $1,000.
A petty disorderly person’s offense is punishable by up to 30 days in jail and a $500 fine.
Punishment will also include paying court costs and fees, including the Victim of Crime Compensation Board assessment, and may include performing community service and undergoing counseling for anger management or substance abuse. Probation may be available to a first-time offender in lieu of jail time.
Contact Our Assault Defense Attorneys in New Jersey
If you have been charged with assault in New Jersey, call the experienced criminal defense attorneys of the Law Offices of Jonathan F. Marshall as soon as possible. We can challenge the evidence against you, and seek to have charges reduced or dropped. Our N.J. criminal defense attorneys will work to obtain the best possible outcome for you based on the specific facts of the case.
Contact the Law Offices of Jonathan F. Marshall now for a free initial consultation. We have offices throughout the state of New Jersey.
