Are you facing assault charges in New Jersey? Like other jurisdictions, New Jersey considers assault to be a violent crime. If you are arrested and charged with any level of assault, it is crucial that you retain experienced legal counsel to represent you.
At the New Jersey Law Office of DiFrancia Lawour office has assisted a number of clients facing either simple assault or aggravated assault charges. One of our attorneys is a former New York City police officer, whose past experience is beneficial in preparing criminal defense matters.
There are a number of nuances in the law when it comes to defending assault charges. It will be necessary to determine the nature of your charges. An arrest for simple assault carries far less prospective penalties than an aggravated assault charge. Our experienced criminal defense lawyers will investigate the circumstances of your arrest and explain any prospective consequences.
New Jersey Assault Attorneys
The law regarding assault charges is found in the New Jersey statutes at NJSA 2C:12-1. The statute states that an individual can be guilty of simple assault in these circumstances:
- When he or she attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
- When he or she negligently causes bodily injury to another with a deadly weapon; or
- When he or she attempts by physical menace to put another in fear of imminent serious bodily injury.
Simple assault may be considered a disorderly persons offense. However, if the assault involved a fight or scuffle of mutual consent, it is considered a petty disorderly persons offense.
You could face simple assault charges for a bar fight or an altercation at a sporting event. A simple assault charge can be upgraded to aggravated assault charges in the event there are substantial bodily injuries.
Aggravated Assault Charges
NJSA 2C:12-1(b) contains the language that defines aggravated assault. There are a couple of differences that make aggravated assault a higher crime. These include:
- A finding that the accused demonstrated an indifference to the value of human life in recklessly causing injury;
- A finding that the use of a deadly weapon was more than a negligent action;
- A finding that the accused knowingly showed indifference to human life in pointing a fire arm;
- A finding that acts that would have otherwise been considered simple assault were committed against a law enforcement officer, firefighter, or emergency services personnel in the process of performing their duties;
- A finding of assault charges associated with a representative of the Division of Child Protection and Permanency;
- A finding of assault charges against any type of judge.
There are other instances where aggravated assault charges may be brought when the alleged victims are transportation or utility employees.
Penalties for aggravated assault convictions are extensive. They may include fines, community service, and incarceration. As experienced New Jersey assault attorneys, our office advocates on your behalf for a downgrade or dismissal of charges.
Let Our New Jersey Criminal Defense Lawyers Help
At the Law Offices of DiFrancia Law, we are experienced in representing clients charged with assault in various New Jersey jurisdictions. We can help. Call us to schedule an appointment.
