New Jersey Penalties For Aggravated Assault (N.J.S.A. 2C:12-1(b)) Charges Aggravated Assault (N.J.S.A 2C:12-1(b)) in New Jersey may be charged at a variety of levels, based on the specifics of the conduct in question. For instance, a defendant who is accused of recklessly causing bodily injury to another with a deadly weapon can be charged at the fourth degree crime level and face up to 18 months in jail. An attempt to cause, or purposely and knowingly causing bodily injury to another, is … [Read more...]

New Jersey Penalties For Assault (N.J.S.A. 2C:12-1) Charges In most states, minor crimes whose punishment is less than a year are known as misdemeanors, while more serious crimes with longer sentencing options are called felonies. In New Jersey, misdemeanor-level violations are charged as disorderly persons offenses or petty disorderly persons offenses. Assault (N.J.S.A. 2C:12-1), often referred to as Simple Assault, is typically charged as a disorderly persons offense and puts you at … [Read more...]

New Jersey Criminal Defense Lawyer For Aggravated Assault (N.J.S.A. 2C:12-1(b)) Aggravated Assault (N.J.S.A. 2C:12-1(b)) is a serious violent crime in New Jersey with punishments that vary based on the specific facts of your case. There are a number of scenarios described in the statute that will result in a charge of Aggravated Assault: ● attempting to cause, or actually causing serious bodily injury, purposely, knowingly, or recklessly, under circumstances that demonstrate an extreme … [Read more...]

Simple Assault (N.J.S.A. 2C:12-1) Defense Attorney In New Jersey Simple Assault (N.J.S.A. 2C:12-1) in New Jersey is defined as attempting to cause, or purposely, knowingly, or recklessly causing bodily injury to another; negligently causing bodily injury to another with a deadly weapon; or attempting by physical menace to put another in fear of imminent serious bodily injury. While Simple Assault is graded as a disorderly persons offense, it can still carry a sentence of up to six months in … [Read more...]

Defense of others is one of several justifications recognized by courts in assault cases in New Jersey. Similarly to self-defense, defense of others is an argument that force was required to protect another from the threat of serious injury or death. As with self-defense, the law requires that you were not the initial aggressor in the altercation, that your use of force was proportional to the threat to the party you defended, and that there were no viable options to fulfill the “duty to … [Read more...]

NERA, the No Early Release Act, is an effort on the part of the legislature to ensure that violent individuals stay behind bars once convicted. If you are convicted of a crime and NERA applies, you will serve 85% of your sentence before you’re eligible for parole. Aggravated assault is a charge that carries NERA’s parole ineligibility, meaning that even the lowest grade charge, Fourth Degree Aggravated Assault, can keep you in prison for more than 15 months of an 18 month maximum … [Read more...]

Physical menace in the context of an assault charge means an act or acts which are physically threatening to the victim. Physical menace does not include words, even threats. It is a physical engagement in an altercation that would cause a reasonable person to experience fear of imminent injury or death. Blocking a door might rise to level of physical menace, as would moving your coat to the side to reveal a weapon. Physical menace isn’t a strictly defined element in New Jersey law, but … [Read more...]

Yes, you can be charged with Assault if police and prosecutors believe you were a participant in a fight where someone was injured. Because of the chaos that often surrounds a fight in a public setting, police often choose to shut the problem down by making arrests right away, then conducting interviews and learning the facts of the case. The good news is that if witnesses or other evidence can confirm your story, you have a good chance of seeing charges reduced or dropped entirely. The … [Read more...]

Yes, the charge of Assault by Auto in New Jersey does not require that the prosecution prove intent, only that a person sustained bodily injury (or serious bodily injury) through recklessness in operation of a vehicle. Recklessness can be demonstrated by things like driving at excessive speeds, driving while intoxicated by alcohol or drugs, or similar behaviors that indicate a carelessness to the potential for dangerous consequences. Whether you intended to cause injury to a person or not, … [Read more...]

From the perspective of someone who is charged with aggravated assault, the difference is enormous. While a simple assault charge can net you up to six months in jail with a $1000 fine, aggravated assault can be charged at one of three levels, with penalties ranging from 18 months for a Fourth Degree charge to as long as ten years for a Second Degree charge. If you have the option of pleading down an aggravated assault charge to a lesser violation like simple assault, you may be able to … [Read more...]