It carries harsher penalties than simple assault.
Depending on the individual facts of the case, an aggravated assault charge may result in up to 10 years in prison. Fines, losing the right to possess firearms, restitution, and other penalties may also be ordered.
Self-defense is one of the most common defenses to an assault charge. Proving self-defense may be tricky in some cases.
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Defending others is also a common defense to assault charges. If someone you know is being threatened, you have the right to use physical force to defend that person.
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In these situations, the assault charges may be reduced. To ensure your legal rights are protected, it is important to speak with a skilled New Jersey assault attorney as soon as possible after being arrested or charged with a crime. To schedule your free consultation with one of our criminal defense attorneys, call or contact us online.
A bodily injury occurs when a victim suffers at least some physical — not mental — injury or pain. Common examples include losing an eye or finger or suffering a permanent limp as a result of the injury. A person causes an injury knowingly when the person is aware that his actions will almost certainly cause injury.
The Difference Between Assault & Battery in New Jersey
A person causes an injury negligently when he should be aware but fails to realize that his actions will cause injury. For example, a heavy tree limb or brick used to hit someone becomes a deadly weapon.
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Simple assault is categorized as a disorderly persons offense, unless the injury occurred as a result of a consensual fight or scuffle, in which case it is a petty disorderly persons offense. A defendant convicted of simple assault can be fined, ordered to make restitution, or both.
New Jersey Assault and Battery Laws
A judge can, however, order a higher fine not to exceed double the amount of loss suffered by the victim. Those situations are committing a simple assault:. Despite the innocuous name of the crime, being charged with simple assault is a serious matter. It is quite advisable to consult with an attorney having knowledge of the assault laws and penalties applicable in your particular case.
A knowledgeable criminal defense attorney may be able to convince a prosecutor that a defendant either did not intend to cause an injury or at least did not cause a serious enough injury to merit an assault charge. That could result in lesser punishment perhaps by pleading guilty to a lesser offense such as disorderly conduct or even dismissal of a case.
Committing Aggravated Assault
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New Jersey Assault Laws - NJ Aggravated Assault Penalties | Assault and Battery Laws
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