Assault Crimes are easily the most charged offenses in the Criminal Justice System.  They come in many forms and all with consequences to your record and potentially, your freedom.  Your relationship with the victim, whether a weapon was used, what your intent was, and how badly the victim was injured all play a role on how the assault will be charged against you.  Do not attempt to fight an assault case on your own.  If you have been charged with any manner of assault call us today.

AGGRAVATED ASSAULT

Aggravated assault is treated as a highly serious crime in New Jersey, often classified as a felony depending on the case specifics. This crime involves an attacker attempting to or intentionally causing significant physical harm to another person, or causing injury using a deadly weapon. This is deemed more severe than simple assault, with the severity typically resting on the perpetrator’s intent, the degree of injury caused, and the use of a weapon.

Aggravated assault, as outlined in N.J.S.A. 2C:12-1b, involves an attempt to “cause serious bodily injury to another,” or inflicting harm through intentional, knowing, or reckless actions demonstrating “extreme indifference to the value of human life.” To convince the court of an aggravated assault charge, the prosecutor must prove that the defendant committed the assault knowingly and recklessly. The use of a deadly weapon, such as a gun or knife, or whether the assault posed a risk of death or permanent injury or disfigurement, are factors used to establish the defendant’s conduct.

It’s crucial to recognize that aggravated assault charges often accompany criminal weapons charges, which can result in harsher penalties. Many weapons offenses in New Jersey demand mandatory minimum incarceration terms. Therefore, the stakes are high, and it’s essential to have experienced legal counsel.

Within the New Jersey criminal justice system, a crucial distinction exists between aggravated assault and simple assault charges. Aggravated assault is a felony, tried in superior court, which can lead to a state prison sentence of up to ten (10) years. By contrast, simple assault is a disorderly person offense that will be handled in a municipal court and that carries significantly less severe penalties. If the assault was against a public employee or official such as a police officer, what would otherwise be considered a simple assault may rise to a charge of aggravated assault.

The Difference Between Simple Vs. Aggravated Assault

Definition of Simple Assault

Simple assault is a less serious form of assault and typically involves less severe injuries or threatening behavior. It is classified as a disorderly persons offense in New Jersey, which is akin to a misdemeanor in other states.

There are several ways in which an act can qualify as simple assault, including:

• Attempting to cause bodily injury to another person, whether intentionally, recklessly, or negligently.

• Causing bodily injury to another person, even if it was not intentional but resulted from reckless or negligent behavior.

• Threatening another person with bodily harm, which puts them in fear of imminent serious bodily injury.

Penalties for simple assault may include fines, probation, community service, and possible imprisonment for up to 6 months.

Bodily injury refers to any form of pain or illness that causes physical discomfort, as well as impairment of a person’s ability to function normally. This definition covers any type of pain that the victim feels.

Definition of Aggravated Assault

Aggravated assault is a more serious offense compared to simple assault and typically involves more severe injuries, the use of a weapon, or other aggravating factors that make the offense more dangerous.

There are several circumstances that can elevate an assault to aggravated assault in New Jersey, such as:

• Causing serious bodily injury to another person, which includes injuries that risk death or cause significant disfigurement, loss or impairment of a bodily function, or lasting pain.

• Using a deadly weapon (e.g., firearm, knife) during the commission of the assault.

• Assaulting certain individuals, such as law enforcement officers, firefighters, or emergency medical personnel, while they are performing their official duties.

• Committing an assault while committing certain other crimes, such as robbery or burglary.

  
  

Penalties for aggravated assault can be quite severe and may include significant fines and a prison sentence, the length of which depends on the specific circumstances of the case. Additionally, the main and most vital difference between simple assault and aggravated assault is that aggravated assault charges are considered NERA offenses. This means the fall within the purview of the No Early Release Act which states that one must serve 85% of their sentence before becoming eligible for parole.

It’s important to note that New Jersey law allows for a wide range of potential charges and penalties within the categories of simple and aggravated assault, depending on the specific facts and circumstances of each case. The severity of the assault, the presence of any aggravating factors, and the defendant’s criminal history can all influence the charges and potential penalties.

Fourth-Degree Aggravated Assault

A person can be charged with fourth-degree aggravated assault if they commit the following acts:

• Causing reckless bodily injury on another person with the use of a deadly weapon

• Pointing a firearm – loaded, real, or fake – towards another person

• Committing the act of simple assault towards a designated group such as a police officer, emergency responder, public employee or a schoolteacher.

  
  

Penalties for fourth-degree aggravated assault can include up to 18 months in prison and a fine of $10,000.

Third-Degree Aggravated Assault

Third-degree aggravated assault involves the following aggravating circumstances:

• Pointing a firearm at law enforcement, regardless if the firearm is loaded, real, or a fake.

• Setting a fire that causes significant injury to emergency responders

• Deliberately choking a domestic partner or any family member

  
  

Conviction for third-degree aggravated assault can result in 3 to 5 years in prison and a fine of $15,000.

Second-Degree Aggravated Assault:

Second-degree aggravated assault involves the following aggravating circumstances:

• Causing injury to another person while fleeing or attempting to flee from law enforcement

• Setting a fire that causes serious bodily harm to emergency responders

• Attempting to or intentionally causing serious bodily injury with extreme indifference to the value of human life. Extreme indifference to human life reflects a serious lack of regard to the welfare of others and is seen as a serious aggravating factor in assault cases.

  
  

Penalties for second-degree aggravated assault can include 5 to 10 years in prison and a fine of $150,000.

Additional factors on whether you are charged with a fourth-degree, third-degree, or second-degree offense can also include the following:

• Location of the assault.

• Bodily injury caused by the assault.

• Whether the victim was a minor.

• Your prior criminal history, if any.

• Whether you are charged with other crimes in addition to the assault

How to Fight Your Assault Charge

Defenses to Aggravated Assault are available and require an attorney who can expose the nuances which may lead to the case being unable to prove their case against you beyond a reasonable doubt.  Some common defenses include:

• The action was not purposeful, and the accused did not act with the required intent.

• The defendant acted in self-defense or in the defense of another person.

• The accused did not have the ability to cause severe bodily harm

 Assault charges while common, can lead up to significant time in prison because assault crimes are considered NERA offenses pursuant to the No Early Release Act.  As such, if convicted you will be required to serve 85% of your time before becoming eligible for parole.  In this scenario you need an attorney with trial experience who can prepare a solid defense as there are many defenses available and each case turns on the facts. Contact the Law Offices of Ravi Shah, LLC. for a free consultation. Our legal team will diligently