Assault Charges in New Jersey

Assault – There are several kinds of Assault Charges in New Jersey. Simple assault, aggravated assault, and sexual assault which is discussed on our sex crimes page. The difference between the two may mean you wind up with a fine or probation compared to 10 years in prison.

2C:12-1b Aggravated Assault. 
The law identifies no less than 11 different ways a person may commit aggravated assault. The more common examples include:

  • Causing bodily injury with a deadly weapon;
  • Pointing a firearm at a person whether or not it is loaded;
  • Committing a simple assault against certain public officials such as a train conductor or a teacher;
  • Causing bodily injury while fleeing the police; or
  • Causing bodily injury by starting a fire or causing an explosion.

When a person is charged with aggravated assault, competent counsel may be able to convince the police, prosecutors, or judge that the circumstances warrant the crime to be treated as a simple assault.

2C:12-1a Simple Assault. A person commits a simple assault in one of three ways.

  1. Purposely, knowingly or recklessly causing bodily injury to another;
  2. Negligently causing bodily injury to another with a deadly weapon; or
  3. Attempts by physical menace to put another in fear of imminent serious bodily injury.

Simple assault is a disorderly persons offense unless committed in a fight entered into two consenting people in which case it is a petty disorderly persons offense. If you are facing a violent crimes charge you should consider hiring a criminal lawyer to ensure the best possible outcome to your case.

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