Assault Attorneys

There are many different categories that an assault can fall into in New Jersey. The different forms of assault vary in severity and consequences. In fact, many individuals face serious assault charges when they cause no actual physical harm. Under NJ law, failed assault attempts can merit criminal charges, as can any threats that cause victims to fear for their safety, such as proffering a weapon during the commission of a crime. Some common assault charges include the following:

Simple assault ― These crimes are generally the least serious. They do not typically involve the use of a weapon, and they cause relatively little harm. According to NJ 2C:12:1, simple assault is defined by a person who:

• Attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another; or
• Negligently causes bodily injury to another with a deadly weapon; or
• Attempts by physical menace to input fear of imminent serious bodily injury

Aggravated assault ― An aggravated assault charge requires an individual to purposely or knowingly cause injury to another individual with a deadly weapon.

Sexual assault ― Depending on the age of the perpetrator, even consensual sex is a first-degree crime in NJ when it involves children under age 13. This is just one example of aggravated sexual assault. Unfortunately, false accusations of sexual assault are relatively common.

Domestic assault — Even when alleged victims of domestic assault make false accusations, such as during a heated divorce, they cannot retract the charges once police place an individual under arrest. Actual physical harm is not necessary to qualify for domestic assault charges, which can include stalking, harassment or making threats. In the short-term, the person charged faces a restraining order, while convictions lead to harsh penalties and a severely damaged future.

The penalties for assault crimes vary widely based on many factors. While even simple assault convictions can lead to restitution, probation, up to six months in jail, community service and fines, first-degree assault penalties can include 10 to 20 years in prison and fines up to $200,000.

Of course, the act of intentionally using a deadly weapon to cause another individual harm is much more serious than a simple assault charge and therefore, has far more serious consequences. An aggravated assault conviction may result in imprisonment for 5 to 10 years with the additional clause of the No Early Release Act that requires individuals to serve at least 85 percent of his or her sentence.