Differences between Simple Assault and Aggravated Assault Charges in New Jersey
New Jersey makes a distinction between simple assault and aggravated assault. Depending on whether or not a weapon is involved a simple assault charge may become an aggravated assault charge. This increase in charges and penalties may also occur when the alleged victim suffers a serious injury.
Simple assault in New Jersey is defined by Statute 2C:12-1. A person is guilty of assault if they “attempt to cause or purposely, knowingly or recklessly causes bodily injury to another” or “negligently causes bodily injury to another with a deadly weapon” or “attempts by physical menace to put another in fear of imminent serious bodily injury.” A simple assault is a petty disorderly offense that could result in a maximum fine of $1,000 and six months in county jail.
A simple assault charge may become an aggravated assault charge if the injuries suffered in the assault are severe or if a weapon was used. A person is guilty of aggravated assault under New Jersey Statute 2C: 12-1(b) if they “attempt to cause serious bodily injury to another, or cause such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury.” A skilled criminal defense attorney will fight to have an aggravated assault charge reduced to simple assault or have the case entirely dismissed.
The New Jersey assault defense attorneys at Lependorf & Silverstein have years of experience successfully handling all types of assault charges in New Jersey. To discuss the specifics of your case at no-cost, please call our law offices at 609-240-0040.
