If you face assault charges in New Jersey, it is imperative that you understand the charges against you and fight to avoid or reduce serious criminal penalties.
Common scenarios where people get charged with assault charges are domestic violence situations, road rage, and bar fights. But, there are others, including:
A simple assault is a Disorderly Person’s Offense that is usually heard in municipal court. It is punishable by up to 6 months in jail and a fine of up to $1000.00,
A simple assault or resisting arrest charge can quickly be escalated to felony aggravated assault if the victim suffers some type of serious injury or if a police officer is assaulted during the course of conduct.
“Serious bodily injury” causes a substantial risk of death or serious permanent disfigurement or loss or impairment of a bodily function or organ. This can include a serious wound or laceration, fractured or broken bones, extreme bruising, or a torn tendon.
“Significant bodily injury” is more extensive than bodily injury but it does not result in serious bodily injury. An example is a blow to the head or eye that causes temporarily impaired vision.
“Bodily injury” usually means pain, illness or any impairment of physical condition.
There are three different grades of Aggravated Assault in New Jersey.
2nd Degree Aggravated Assault: an attempt to cause serious bodily injury to another or cause serious bodily injury under circumstances manifesting extreme indifference to the value of human life. This usually happens when the victim suffers a significant injury such as a broken bone. A person can also be charged with second-degree aggravated assault if while fleeing or eluding the police there is an accident and someone suffers bodily injury. A second-degree felony is punishable by 5 – 10 years in state prison with a presumption of mandatory incarceration.
3rd Degree Aggravated Assault: involves a situation where a weapon is brandished. If you flash or point a gun at another, display or use an imitation firearm to intimidate a police officer or cause bodily injury to another with a deadly weapon. If you attempt to cause significant bodily injury to another, or purposely or recklessly cause significant bodily injury you can be charged with a 3rd degree aggravated assault. If you are found guilty of a third-degree aggravated assault, you could be facing a maximum of 3-5 years in prison, up to 5 years probation, and a felony record.
4th Degree Aggravated Assault: when you recklessly cause injury to someone else with a weapon, point a gun - whether believed to be loaded or unloaded - in the vicinity of another. It can be punishable by up to 18 months in state prison, probation, fines, and a permanent critical record.
Understanding exactly what your charges are by meeting with an attorney is an important first step to protecting your future. If you have been charged with assault in New Jersey, you need representation. Call me, I will listen to you and the facts of your case and help you address the charges.