The Difference between Simple Assault and Aggravated Assault in New Jersey
Simple assault and aggravated assault are both serious offenses in New Jersey. A minor altercation that would have resulted in a simple assault charge can be elevated to an aggravated assault charge if a weapon is involved or if someone gets seriously injured. Anyone facing assault charges in New Jersey would be well advised to discuss their case with a skilled criminal defense attorney. It may be possible to have the charges reduced from an aggravated assault to a simple assault charge or to have a simple assault charge completely dismissed.
New Jersey Statute 2C:12-1 states that a person may be guilty of simple assault if he or she, "(1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or (2) Negligently causes bodily injury to another with a deadly weapon; or (3) Attempts by physical menace to put another in fear of imminent serious bodily injury." The severity of the charges for simple assault can increase from a petty disorderly persons offense to a felony if the victim suffered serious injuries.
Under the same statute, "A person is guilty of aggravated assault if he: (1) Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury."
Additionally, a simple assault charge may be increased to an aggravated assault charge if there is a deadly weapon involved or an "extreme indifference to the value of human life." Like a simple assault, the penalties for aggravated assault depend on the circumstances of the incident and the nature and extent of injuries involved.
At Lependorf & Silverstein, our Princeton criminal defense lawyers handle all types of assault charges. Whether you are charged with simple assault or aggravated assault, our attorneys will ensure that your rights are protected and you receive a fair trial. If you are facing assault charges in New Jersey, call our offices at (609) 240-0040 before discussing your case with the authorities.
