What Are The New Jersey Laws For Assault And Aggravated Assault?

How Does New Jersey Law Define Simple Assault?

A simple assault is defined under 2C:12-1 as an assault that occurs when a person injures or attempts to harm another person without legal justification. An assault can be charged as either a simple assault or an aggravated assault. The different levels of assault are going to depend on several factors, including the seriousness of the victim’s injury, whether the defendant used a weapon or object to cause an injury, and, in some cases, whether the victim is provided special protection by New Jersey law.

Talking about simple assault, there are three ways to commit a simple assault. First, a person commits simple assault by either attempting to or causing someone else to suffer bodily injury; the injury must have been caused either purposely, knowingly, or recklessly. Secondly, simple assault can also occur if a person negligently injures someone else by using a deadly weapon. Third, it is also a simple assault to put another person in fear of serious bodily injury.

Is Simple Assault A Misdemeanor Or A Felony Under New Jersey Law?

Under New Jersey law, they are not called misdemeanors or felonies. The law is different in New Jersey. What other states call misdemeanors, New Jersey calls disorderly persons offenses. Simple assault falls into that category. It can be said that a simple assault is a misdemeanor in New Jersey. For felonies, there are indictable criminal offenses. Talk to our aggravated assault lawyers to better understand how these laws work in New Jersey.

What Are Some Examples Of Criminal Acts That Would Fall Under Simple Assault?

Simple assault cases are something where you’re acting purposely. For example, if you come over to someone and you walk up to them and you shove them in the chest, that could be simple assault. In the case of punching someone in the face – that’s a purposeful act. So is slapping someone, because you are acting knowingly.

A person causes an injury knowingly when the person is aware their actions will almost certainly cause injury. So if you’re standing on the top of a building and throwing water balloons down, and if they hit somebody and injures them, that is going to be a simple assault. Acting knowingly when you know your actions could cause an injury are cases of simple assault. In other cases, when the injury or harm caused was severe, it will be considered as aggravated assault and will require the services of a New Jersey aggravated assault lawyer.

That also brings into account a negligence standard where a person acts negligently and should be aware, but fails to realize that their actions will cause an injury. For instance, negligently using a deadly weapon can come under that category, but most of the time, that kind of injury is going to be elevated to aggravated assault. Such elevated cases will require the services of an aggravated assault lawyer. Then there are reckless acts committed without consciously disregarding the risk they may pose to others. That’s also going to come under a simple assault.

If you need information on assault and aggravated assault laws in New Jersey, or if you want to talk to a criminal lawyer in New Jersey, contact us today.