Assault in New Jersey – It Tolls for Thee

Lou Holtz said it best … “Do right. Do your Best. Treat others as you want to be treated.” But sometimes, well, sometimes things go awry, for innumerable reasons. Sometimes, we mistreat or even hurt people, and sometimes an apology just doesn’t cut it. In the heat of the moment, you may not fully consider your actions leaving some bells that cannot be unrung. This is often the case when someone commits assault in New Jersey.

Disorderly Persons Offenses

Let’s start with the definition of simple assault in New Jersey, according to the NJ Courts website:

The statute which defines simple assault provides that: A person commits a simple assault if he attempts to cause or purposely, knowingly or recklessly causes bodily injury to another.

There is also the charge of attempted assault, in which one is accused of attempting to cause bodily harm (knowingly, etc.). Simple assault (and attempted assault) are lesser charges, falling under a disorderly persons charge. Even a simple assault charge can find you in prison for six months, and facing four-figure fines.

Felony Offenses

New Jersey statutes also include aggravated assault and assault by auto. Aggravated assault elevates simple assault by:

Inflicting serious bodily injury, and:
The actions taken knowingly display “extreme indifference to the value of human life.”

Serious bodily injury is defined as, bodily injury that creates a substantial risk of death or that causes serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Aggravated assault prosecuted to the maximum sentence of a second-degree felony may result in as much as ten years in prison and a six-figure fine.

N.J.S.A. 2C:12-1b(3) deals with aggravated assault with a deadly weapon, which is fairly self-explanatory – a deadly weapon was utilized to cause bodily injury.

A deadly weapon is any firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury.

There’s an interesting (to this criminal law practitioner anyway!) twist that automatically elevates a simple assault charge to an aggravated assault charge: the victim. Essentially, assaulting anyone engaged in an act of public service as a duty of employment will convert simple assault to aggravated assault. Such persons/roles include but are not limited to: law enforcement officers; first responders; healthcare workers; corrections and juvenile detention officers; transit operators; justices; school employees; utility company workers; and more.

Finally, there is Assault by Auto, which ranges from a disorderly persons charge upwards of a second-degree “indictable crime” (“felony” to most jurisdictions, and in Hollywood/mainstream media) charge. Second-degree charges are very serious in New Jersey as they’re subject to the No Early Release Act, or NERA, which asserts that 85% of a violent crime sentence must be served.

Defense Matters

There are some veritable defense strategies for assault cases, including Self Defense, Defense of Others, and Defense of Property. Additionally, charges may also be dismissed if the alleged incident occurred more than two years prior to filing. Likewise, dismissal of charges can happen if there are no witnesses.

Assault charges are a serious matter. But they can be mitigated with the intervention of a competent criminal defense attorney on your side. Therefore, contact us today to discuss your case and see how we can help you.