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New Jersey Section 2C:12-1 – Assault.

New Jersey Section 2C:12-1 – Assault

Introduction

Assault is considered a violent crime in New Jersey and is governed by Section 2C:12-1 of the New Jersey Code of Criminal Justice. This section defines and categorizes different types of assault, ranging from simple assault to aggravated assault, and outlines the penalties associated with each. Understanding the specifics of these assault laws in New Jersey is important for anyone facing such charges.

Simple Assault

Simple assault refers to the most basic form of assault in New Jersey. According to 2C:12-1(a), a person is guilty of simple assault if they:

• Attempt to cause or purposely, knowingly or recklessly cause bodily injury to another person
• Negligently cause bodily injury to another person with a deadly weapon
• Attempt by physical menace to put another person in fear of imminent serious bodily injury

Simple assault is a disorderly persons offense, punishable by up to 6 months in jail and a fine of up to $1,000. However, if it was committed in a fight or scuffle entered into by mutual consent, it is considered a petty disorderly persons offense, with a maximum jail sentence of 30 days.

Some examples of simple assault include:

• Punching or kicking someone during a bar fight
• Recklessly swinging a baseball bat and hitting someone
• Making verbal threats to seriously harm someone while holding a weapon

Aggravated Assault

Aggravated assault [2C:12-1(b)] refers to an assault that involved circumstances exhibiting extreme indifference to human life, or was committed with a deadly weapon. This is considered much more serious than simple assault. According to New Jersey law, a person is guilty of aggravated assault if they:

• Attempt to cause serious bodily injury to another person
• Cause injury purposely, knowingly or recklessly under circumstances showing extreme indifference to human life
• Cause bodily injury to another person with a deadly weapon
• Point a firearm at someone, whether loaded or not
• Commit simple assault against a law enforcement officer, firefighter, school employee or student, etc. while they are engaged in their duties

Aggravated assault is categorized into different degrees, with penalties ranging from 3 to 10 years in prison. Use of a deadly weapon and causing serious bodily injury are factors that can increase the degree of the offense.

Assault by Auto

Assault by auto [2C:12-1(c)] refers to cases when a driver causes injury to someone by driving recklessly. The severity of the charge depends on the extent of injuries.

• Bodily injury – Disorderly persons offense (up to 6 months jail)
• Serious bodily injury – Fourth degree crime (up to 18 months jail)
• Driving while intoxicated or in a school zone increases the degree of the offense

Defenses Against Assault Charges

There are several potential defenses that can be used to fight assault charges, such as:

• Self-defense – Using reasonable force to protect yourself or others from harm. The defense must prove there was an imminent threat and the force used was proportional.
• Lack of criminal intent – The actions were an accident or there was no intent to cause harm.
• Misidentification – Mistaken identity and the defendant did not actually commit the assault.
• Provocation – Actions of the alleged victim provoked the assault.
• Intoxication – Defendant was involuntarily intoxicated and unable to form criminal intent.

An experienced criminal defense attorney can assess the evidence and determine the best defense strategy to pursue.

Penalties for Juveniles

For juveniles charged with assault in New Jersey, the case is typically handled in family court rather than criminal court. Potential penalties include:

• Counseling
• Community service
• Probation
• Restitution
• Suspended driving privileges

Juveniles can be detained in juvenile facilities, but the focus is rehabilitation rather than strictly punishment.

Expungement of Assault Charges

Those convicted of assault charges may be able to have their record expunged after a period of time, depending on the degree of the offense and other factors. This can help remove the conviction from their criminal record.

Conclusion

Being charged with any kind of assault in New Jersey should be taken very seriously. Hiring an experienced criminal defense attorney is highly recommended to help navigate the complexities of these laws and build the strongest defense to either get the charges dropped or reduced as much as possible. It’s important to understand the specific assault laws and potential penalties you may be facing.