What Are The Different Levels Of Assault In New Jersey?
Various types of assault charges are based on the level of violence and the intention of the person who committed the assault.
Assault defense attorney Michael J. Beatrice has years of experience handling cases involving all levels of assault charges as both a prosecutor and defense attorney in New Jersey. His wide range of experience gives him a deep understanding of criminal law and a unique legal perspective that helps him develop creative defense strategies that can lead to assault charges being reduced or dismissed.
You may be charged with simple assault if you:
- Attempt to cause bodily injury to another person.
- Purposely or recklessly cause bodily injury to another person.
- Negligently cause bodily injury with a deadly weapon.
- Attempt to put someone in fear of serious bodily injury through physical menace, such as pointing a gun or brandishing a knife.
For an act to be considered assault, the victim does not need to have physical or mental injuries. Any unwelcome or offensive physical contact can be considered assault.
Charges And Penalties For Simple Assault
Penalties for simple assault convictions can include fines, restitution, jail time, mandatory anger management classes, probation, parole and the loss of the right to own or possess a firearm. Simple assault is usually charged as a disorderly persons offense.
Aggravated assault takes into consideration the attacker’s intent toward the victim and the severity of the victim’s injuries. You may be charged with aggravated assault if:
- The victim suffered serious bodily injury.
- The assault was committed with the intent of serious physical injury or harm.
- The assault involved the use or threat of a deadly weapon such as a firearm or knife.
- You assaulted a family member causing significant bodily injury.
- You assaulted a law enforcement officer, security guard, judge, district attorney, health care worker, teacher or other public worker or official.
- The assault occurred while you were eluding a law officer or resisting arrest.
Charges And Penalties For Aggravated Assault
Aggravated assault is a very serious charge that carries harsher penalties than simple assault charges. Aggravated assault can be charged as a second-degree, third-degree or fourth-degree crime. If you are convicted of second-degree aggravated assault, you may face 5-10 years in prison and a fine of up to $150,000. Second-degree aggravated assault convictions also invoke a NERA (No Early Release provision) that requires 85 percent of your prison sentence to be served before you are eligible for parole. A third-degree aggravated assault conviction can come with penalties of 3-5 years in prison and a fine of up to $15,000. If you’re convicted of fourth-degree aggravated assault, you may face an 18-month prison sentence and fines of up to $10,000.
Contact A Skilled Assault Defense Attorney In New Jersey
Assault convictions can leave a permanent stain on your reputation and result in an inability to find housing and employment. Assault defense attorney Michael J. Beatrice uses his experience and expertise to fight for your rights and provide the quality legal representation you deserve. For a free telephone consultation, contact us online or call 201-897-3570 today.