In New Jersey, N.J.S.A. 2C:12-1 addresses both simple and aggravated assault. Simple assault is a disorderly persons offense. Aggravated assault can be a third, or even a second degree offense depending on the facts presented. The difference between a simple assault and an aggravated assault is the seriousness of the harm the actor intended to cause or actually caused. For example, a person who attempts to cause bodily injury will be charged with simple assault. N.J.S.A. 2C:12-1(a). A person who attempts to cause significant or serious bodily injury will be charged with aggravated assault. N.J.S.A. 2C:12-1(b)
The definitions of bodily injury, significant bodily injury, and serious bodily injury, are not perfectly clear. Previously litigated cases have established a framework for prosecutors to determine the appropriate charge based upon the facts presented. Often, however, individuals will be charged with a more serious offense than can actually be proven. This can occur both in cases of aggravated assault and simple assault. It is always important to seek legal advice whenever you have been charged with a crime. This is especially true when charged under N.J.S.A. 2C:12-1.
The law office of Bramnick, Rodriguez, Mitterhoff, Grabas & Woodruff has handled many assault cases. Both Casey Woodruff and Gary Grabas are former prosecutors. If you have been charged with assault, you can contact us at any time at (908) 322-7000.
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