Assault is a very serious crime to be charged with in New Jersey. Depending on the factors of how the prosecution alleges the assault happened, you could be facing very serious criminal penalties, up to and including felony charges. The consequences of a high-level criminal conviction are severe. Some of your rights will be limited, friends and family may think of you differently, you may have difficulty taking out loans, and you could have difficulty finding employment or housing.
When the stakes are this high, you need effective legal representation in your corner. Our attorneys know what to do in serious criminal cases like these, and we are ready to lend our skills and experience to help you obtain the best possible outcome for your case.
To receive a totally free case review from our assault defense lawyers, call The Law Offices of John J. Zarych at (609) 616-4956 today.
Defining Assault in Brooklawn, NJ
The crime of assault is detailed in N.J.S.A. § 2C:12-1. New Jersey breaks down assault into simple assault as well as aggravated assault. Different conduct can lead to a charge of either simple assault or aggravated assault. Aggravated assault constitutes a graver crime, while simple assault – still a serious crime – covers less egregious conduct. No matter what kind of assault you are charged with, our assault defense lawyers can help you through the process and fight hard for you all the way to the finish line.
Simple Assault
New Jersey defines simple assault in N.J.S.A. § 2C:12-1 as attempting or succeeding in causing bodily injury. Also, simple assault constitutes negligently injuring someone with deadly weapons. Lastly, simple assault also entails causing someone to fear imminent serious bodily injury.
The term “bodily injury” is itself defined by N.J.S.A. § 2C:11-1(a) as pain, impairment, or illness. For example, kicking another person in the ribs is a bodily injury because it causes pain. Breaking someone’s arm also causes pain and can be considered a form of impairment. Causing an illness could involve something like poisoning someone, giving someone with a known nut allergy peanuts, or putting chemicals in their food to make them sick.
Simple Assault Penalties
Under N.J.S.A. § 2C:1-4, simple assault is considered a disorderly persons offense. These offenses can be punished with up to six months behind bars and up to $1,000 in fines. A disorderly person’s offense is the highest level of crime someone can be charged with that is not a felony in NJ.
Aggravated Assault
More serious than mere simple assault is aggravated assault. The crime is explained in N.J.S.A. § 2C:12-1(b). Attempting or succeeding in causing serious bodily injury to another person is considered aggravated assault. Also, using deadly weapons to cause mere bodily injury constitutes aggravated assault. Lastly, brandishing a firearm and pointing it at someone is treated as aggravated assault, even if the firearm is not loaded or is not a real firearm.
The definition of “serious bodily injury” is found in N.J.S.A. § 2C:11-1(b). It means causing permanent disfigurement, substantial risk of death, or permanent impairment.
There are also some circumstance-specific things that are considered aggravated assault under New Jersey Law, including…
Law Enforcement, Firefighters, Emergency Responders
Suppose someone commits what would be considered against a law enforcement officer, firefighter, or emergency first responder in the midst of performing their duties. In that case, it is aggravated assault instead of simple assault.
Educators
Committing simple assault against a school employee or child protection services employee is aggravated assault instead of simple assault.
Bus Operators
Performing simple assault on a bus, trolley, or rail operator is aggravated assault.
Fleeing Law Enforcement
If you cause bodily injury while fleeing law enforcement, it is aggravated assault.
Aggravated Assault Penalties
Depending on the conduct the defendant is accused of, the penalties for aggravated assault vary. Aggravated assault can be a fourth-, third-, or second-degree crime. Second-degree crimes are more serious than third- and fourth-degree crimes, but all of them are at the level of what would be considered a felony under another state’s laws.
How Our Assault Defense Lawyers Can Help You with Your Claim in Brooklawn, NJ
You may be wondering what our assault defense lawyers can do for you if you are charged with assault of any form in NJ. There are actually a lot of things that attorneys can do before a case goes to trial that can help get you a better outcome at the end of your case.
Negotiate with Prosecutors
An important thing that our lawyers do in the lead-up to trial is talk with prosecutors. This may seem strange, but it is very common for lawyers on opposite sides of a case to be in frequent communication and even cooperate on certain things. By doing this, we may be able to get the prosecutor to charge you with a less serious crime or drop charges altogether.
Disprove Elements
An effective way to fight an assault charge is to assert that your conduct does not constitute assault under the law. For example, if you are being charged with aggravated assault and our lawyers can demonstrate that your conduct did not cause serious bodily injury or fit other criteria, you cannot be convicted. Having a strong argument demonstrating that the conduct does not fit the crime can give prosecutors pause and bring them to the negotiation table.
Appeal Your Claim
If worst comes to worst and you are convicted of assault, our lawyer can also appeal your claim if there is a legal error during trial proceedings.
Discuss Your Case with our Brooklawn, NJ Assault Defense Lawyers Today
The Law Offices of John J. Zarych has assault defense lawyers standing by to analyze your claim when you contact us at (609) 616-4956.
