Criminal Assault Law in Union County, New Jersey
New Jersey Criminal Defense Lawyers
In New Jersey, assault charges can include simple assault, aggravated assault and assault by automobile. These offenses carry different penalties and, therefore, vary in seriousness. Without the proper legal counsel, your freedom could be in jeopardy. If you have been charged with any of these offenses, the law firm of Bramnick, Rodriguez, Mitterhoff, Grabas & Woodruff, LLC can provide you legal counsel.
"Simple Assault" in New Jersey
Under N.J.S.A. § 2C:12-1a(1), a person commits a simple assault if he or she attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another person. Some examples of this offense include: spitting in someone's face, hitting someone in order to cause them soreness, or slapping a person's face.
A simple assault conviction can result in a six month prison term.
"Aggravated Assault" in New Jersey
Under N.J.S.A. § 2C:12-1b(1), a person commits an aggravated assault if he or she attempts to cause or purposely, knowingly, or recklessly causes serious bodily injury to another person. To convict someone of this crime, the State must prove:
- The defendant caused serious bodily injury to another person; and
- The defendant acted purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life.
Simple assault can become an aggravated assault if an aggravating factor is present. Aggravating factors may include:
- Use of a deadly weapon;
- Simple assault on a law enforcement officer, fireman, paramedic, teacher, or judge; or
- Starting a fire in which emergency services personnel sustain bodily injury.
An aggravated assault conviction can result in as much as 10 years in prison and up to $150,000 in fines.
Can I be Convicted of Assault if I Hit Someone by Accident?
Yes. Under New Jersey State Law, it is possible to be convicted of assault, even if you did not purposely hurt anyone. For example, if you were acting recklessly, even if you were not trying to hurt anyone, but your reckless conduct did actually hurt someone, then you could be convicted for assault. A person acts "recklessly" if he or she has consciously disregarded a substantial and unjustifiable risk under the circumstances.
New Jersey's "Assault By Auto"
Under N.J.S.A. § 2C:12-1c(1), a person is guilty of "assault by auto" if he or she causes bodily injury to another person by recklessly operating a vehicle or vessel. An "assault by auto" conviction can lead to 18 months in prison.
I Have Been Charged with Assault in New Jersey, What Should I Do?
Assault charges are serious. Always discuss your case with a New Jersey lawyer. Our firm specializes in criminal defense. On the client's behalf, we will:
- Negotiate to get your charges reduced;
- Help you build a self-defense case;
- File motions to dismiss for lack of evidence, where appropriate;
- File assault charges against your accuser, if appropriate.
Our firm handles assault cases throughout Union County, New Jersey, including Plainfield, Scotch Plains, Fanwood, Garwood, and Westfield.
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