The Penalties for Assault in New Jersey

The Penalties for Assault in New Jersey

Assault charges in New Jersey can vary widely depending on the circumstances, from minor offenses like simple assault to serious violent crimes like aggravated assault. Understanding the specific penalties you may face if convicted is crucial when building your defense strategy. In this article, we’ll break down the different categories of assault and the potential consequences of each.

Simple Assault

Simple assault is generally considered the least serious type of assault charge in New Jersey. According to N.J.S.A. 2C:12-1, a person commits simple assault if they:

• Attempt to cause or purposely, knowingly or recklessly cause bodily injury to another
• Negligently cause bodily injury to another with a deadly weapon
• Attempt by physical menace (e.g. raising a fist) to put another in fear of imminent serious bodily injury

The penalties for simple assault depend on the specific circumstances, but generally include:

• Up to 6 months in jail
• Up to a $1,000 fine
• Restitution to the victim
• Community service
• Anger management classes
• Probation

The penalties can increase if the assault occurred against certain protected groups like the elderly, children, or public employees. Simple assault also becomes a more serious 4th degree crime if committed in front of a minor at a school or youth sporting event.

So while simple assault is the lowest level charge, it still carries potentially severe consequences that could impact your freedom, finances, and record.

Aggravated Assault

Aggravated assault charges in New Jersey are much more serious crimes that involve attempted murder, serious bodily injury, or assault with a deadly weapon. Under N.J.S.A. 2C:12-1, you can face an aggravated assault charge if you:

• Attempt to cause or purposely, knowingly or recklessly cause serious bodily injury to another
• Cause injury with a deadly weapon
• Attempt to kill someone or cause serious bodily injury purposely or knowingly

As you can see, aggravated assault involves grievous injury or the intent to seriously harm or kill someone. The penalties reflect the violent nature of the crime:

• 3-5 years in prison
• Up to a $150,000 fine
• 10-20 years in prison if serious bodily injury occurs

With the potential for decades behind bars and six-figure fines, an aggravated assault conviction can ruin lives. Building an aggressive defense with an experienced criminal attorney is critical.

Assault by Auto

Another unique assault charge in New Jersey is assault by auto under N.J.S.A. 2C:12-1(c). This applies when a driver causes bodily injury by recklessly operating their vehicle. Penalties include:

• Up to 18 months in prison
• Fines and restitution
• License suspension

If the assault by auto caused serious bodily injury or occurred under the influence of drugs/alcohol, the penalties will be harsher.

Defenses to Assault Charges

While assault charges should always be taken seriously, there may be defenses that an experienced criminal defense lawyer can utilize, such as:

• Self-defense – Using reasonable force to protect yourself or others
• Misidentification – You were mistakenly identified as the assailant
• False accusations – The alleged victim is lying about the assault
• Lack of intent – You did not intend to harm the victim

An attorney can investigate the circumstances and build a strong defense to get your charges reduced or dismissed.