The main differences between aggravated and simple assault in New Jersey are the severity of the injury caused by the offense and the degree of charges. Simple assault is a more minor crime charged as a disorderly person’s offense. Aggravated assault is serious and charged as an indictable offense.
Getting an aggravated assault charge reduced to simple assault is preferable because simple assault is a disorderly persons offense in New Jersey. A conviction of simple assault carries a possible sentence of up to six months in jail and a fine of up to $1,000. That is not nearly as harsh as the potential penalty of 5 to 10 years in prison and a $150,000 fine, which an aggravated assault conviction could bring.
If you are facing assault charges of any kind in New Jersey, you need the help of an experienced criminal lawyer. Contact the Law Office of Jason A. Volet right away to protect your legal rights. As a defense attorney and former prosecutor, attorney Jason Volet has the experience to help you seek the most favorable resolution if you are facing charges of aggravated assault.
What Are Some Examples of Aggravated Assault in New Jersey?
Aggravated assault may be charged as a second, third, or fourth-degree offense in New Jersey. There are 11 scenarios in which someone could be convicted for aggravated assault in New Jersey.
Second-degree offense aggravated assault is:
- Knowingly and intentionally causing or attempting to cause serious bodily injury to someone else in a manner that shows extreme indifference to human life
- Causing injury to another while attempting to flee or elude a police officer or while committing a theft
For example, a second-degree offense of aggravated assault would be charged for Knowingly or purposely starting a fire or causing an explosion that causes bodily injury to any emergency services personnel involved in fire suppression activities or rendering emergency medical services r at the scene of the fire or explosion
Third-degree offense aggravated assault is:
- Causing or attempting to cause injury to another person using a deadly weapon, such as a gun or knife
- Causing or attempting to cause significant bodily injury to someone purposely or under circumstances showing extreme indifference to the value of human life
- Intentionally pointing or displaying a firearm in the direction of a law enforcement officer
- Intentionally pointing or displaying a fake firearm in the direction of a law enforcement officer
- Using or activating a laser sighting system or device that could reasonably cause harm to a law enforcement officer
Fourth-degree offense aggravated assault is:
- Recklessly causing injury to someone using a deadly weapon
- Intentionally pointing a firearm at or in the direction of another person, regardless of whether it is loaded
- Assaulting someone performing official duties, such as a law enforcement officer, a firefighter, a medical first responder; school administrator, school bus driver; or school teacher. If the individual is injured in the assault, the charge may be elevated to a third-degree offense of aggravated assault.
What Are Some Examples of Simple Assault in New Jersey?
Simple assault occurs when the victim was hurt or felt threatened or injured by a mishandled weapon. But any unwelcome touching of someone else could be charged as simple assault.
Simple assault might be charged for:
- Hitting or grabbing someone
- Pushing someone down or against a wall
- Pulling someone’s hair
- Throwing an object that hits someone
- Dropping or mishandling a gun, causing it to fire and injure someone
- Threatening to strike someone
What Are the Differences Between Bodily Injury and Serious Bodily Injury?
Assault can involve bodily injury or serious bodily injury. The degree of injury determines whether to charge someone with simple assault or aggravated assault.
Bodily injury can include:
- Illness
- Physical pain
- Impairment of physical condition
Serious bodily injury is an injury such as:
- Serious injuries
- Permanent disfigurement of a body part
- Loss of function or impairment of an organ
- The risk of death
Is Aggravated Assault Considered a Felony?
Aggravated assault is an indictable crime in New Jersey, often called a felony in other states. The charge can be of the second, third, or fourth degree, depending on the circumstances of the crime.
What Are the Penalties for Aggravated Assault?
Sentencing for aggravated assault depends on whether the crime is a second, third, or fourth-degree indictable offense:
- Fourth-degree indictable offense – Up to 18 months in prison and a $10,000 fine
- Third-degree indictable offense – 3 to 5 years in prison and up to a $15,000 fine
- Second-degree indictable offense – 5 to 10 years in prison and up to a $150,000 fine
Criminal penalties can also include:
- Court fees and costs
- Paying restitution to the victim
- Community service
- Probation
- Anger management, drug abuse, or alcohol abuse counseling
What Are The Penalties for Simple Assault in New Jersey?
The harshest penalty available for a simple assault conviction in New Jersey is six months in jail and a fine of up to $1,000. If it is your first offense and you have an attorney, you could obtain a suspended sentence and be put on probation. You may be required to perform community service and attend anger management classes.
Contact a New Jersey Criminal Defense Lawyer
The Law Office of Jason A. Volet will fight by your side to get the charges against you dropped or reduced. Our team will dedicate significant time and effort to try to reach the best possible result in your case.
If you face a simple or aggravated assault charge, contact our law firm today for a confidential consultation to learn how we can help.
