Assault

In New Jersey it is a criminal offense to injure or attempt to injure another person without legal justification. This “act” can be charged as either a simple assault or an aggravated assault – depending on the seriousness of the victim’s injury, whether the defendant used a weapon or object to cause an injury and (in some cases) whether a victim is entitled to special protection by New Jersey Law.

Simple assault – A person commits simple assault in one of the three following ways:
– by purposely, knowingly or recklessly attempting or actually causing someone else to suffer a bodily injury;
– by negligently injuring someone with a deadly weapon
– by putting another person in fear of imminent serious bodily injury.

Simple assault is a disorderly persons offense unless the injury was caused as a result of a consensual fight – in which case is becomes a petty disorderly offense. The fine cannot exceed $1000 unless the judge orders an amount equal to double the amount or loss suffered by the victim.

Simple assault is a fourth degree offense with maximum penalties of 18 months incarceration and/or a maximum fine of $10,000 if the defendant committed the offense as an employee in a care facility against an institutionalized elderly patient or while in the presence of a child under the age of 16 years of age at a school or community sponsored youth sports event.

Being charged with simple assault is a serious matter. If you have been charged with this offense the FIRST thing you should do is consult a knowledgeable criminal defense attorney who can advise you regarding the assault laws and penalties applicable to your particular case. Attorney Gwendolyn O. Austin has represented many clients charged with this offense. In several instances she has been successful in convincing the prosecutor that her client either did not intend to cause an injury or that the injury was not serious enough to merit an assault charge.

Contact Attorney Gwendolyn O. Austin at (973) 735-2706 or on line to schedule your free, confidential consultation today. I offer affordable rates and accept major credit cards for your convenience.

Aggravated assault – In New Jersey, the defendant can be charged with aggravated assault by purposely, knowingly or recklessly causing bodily injury OR by causing a bodily injury under “circumstances that manifest extreme indifference to the value or human life” OR by causing a bodily injury with a deadly weapon. Similarly, the defendant can be charged with the actual offense by attempting to commit an offense that constitutes an aggravated assault.

The three levels of bodily injury are as follows:
– simple “bodily injury” where the victim suffers at least some physical injury or pain
– significant bodily injury where the victim suffers a “temporary” loss of function of any bodily member or organ or “temporary” loss of one of the five senses
– serious bodily injury creates a substantial risk of death or long term disfigurement or loss or impairment of an organ.

The penalties for aggravated assault depend on the type of aggravated assault the defendant committed – ranging from a fourth degree crime to a second degree crime. If convicted of aggravated assault a defendant can be sentenced to prison or probation (or both) as well as fined and ordered to make restitution.
– fourth degree aggravated assault is punishable by a prison term up to 18 months and/or a maximum fine of $10,000
– third degree aggravated assault is punishable by a prison term of three to five years and/or a maximum fine of $15,000
– second degree aggravated assault is punishable by a prison term of five to ten years and/or a maximum fine of $150,000.

Aggravated Assault with a Bodily Fluid – A person who throws a bodily fluid at any municipal, county or State law enforcement officer or Department of Corrections employee while in the performance of his duties or who purposely subjects such employee with a bodily fluid commits an aggravated assault. If the victim suffers bodily injury, this is a third degree crime. If the victim is not injured, it is a fourth degree crime.

Being charged with aggravated assault is a serious matter. If you have been charged with this offense the FIRST thing you should do is consult a knowledgeable criminal defense attorney who can advise you regarding the assault laws and penalties applicable to your particular case. Attorney Gwendolyn O. Austin has represented many clients charged with this offense. In several instances she has been successful in convincing the prosecutor that her client either did not have the state of mind necessary to cause an injury or that the injury was not serious enough to merit a charge of aggravated assault.

Contact Attorney Gwendolyn O. Austin at (973) 735-2706 or on line to schedule your free, confidential consultation today. I offer affordable rates and accept major credit cards for your convenience.