Assault & Battery – N.J.S.A. 2C:12-1
If you have been charged with Assault in New Jersey, it is most important to know the gradation of the offense. There are two basic types of Assault, those that are misdemeanor Disorderly or Petty Disorderly Persons offenses and those that were traditionally Felony offenses, referred to in new Jersey as 1st, 2nd, 3rd and 4th degree crimes.
Simple Assault, 2C:12-1a, is a Disorderly Persons or Petty Disorderly Persons offense in New Jersey. These offenses may subject the offender to up to 6 months in the County jail and various fines. The most common simple Assaults involve persons who:
1. Attempt to cause bodily injury to another, or recklessly does so;
2. Menace another as to make them fear imminent bodily injury.
The foregoing are the most commonly seen assault charges in New Jersey, but are by no means the only charges possible. For the COMPLETE STATUTE known as N.J.S.A. 2C:12-1, and applicable offenses, CLICK THE LINK.
Aggravated Assault, N.J.S.A. 2C:12-1b, on the other hand, is far more serious and constitutes a what was formerly known as as Felony in New Jersey, but now known as a first through fourth degree crime. Depending on the gradation of the Aggravated Assault, you may be subject to a penalty of up to 10 years in State Prison. Some of the most common Aggravated Assault cases involve matters in which a person:
1. Attempts to cause serious bodily injury to another or recklessly does so;
2. Attempts to cause bodily injury to another with a deadly weapon, or recklessly does so. Deadly weapons include guns, knives, and many other objects not normally thought of as weapons;
3. Points a gun or firearm at another person;
4. Assaults a Police officer or certain other government employees;
5. Assault by Auto, where one injures another while driving under the influence (DUI and DWI)
For a full list of Title 2C:12-1, and applicable offenses, CLICK THE LINK.
Generally those offenses which involve Deadly weapons, Police officers or emergency responders, minors, or which inflict serious injury will be prosecuted more forcefully and with charges at a higher degree, and run the highest risk of extended jail time.
To be convicted of a Simple or Aggravated Assault, the state must prove beyond a reasonable doubt that a person has committed the offense. The stakes are high, there may be jail time, a criminal record, and fines, and so it is important to be represented by an experienced Criminal Defense Attorney, like those of Avery & Avery, who know the laws and will vigorously fight to keep you out of trouble.
Contact the Experienced Criminal Defense Attorneys of Avery & Avery for a Free Initial Consultation
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