The Law of Assault: What Are My Rights?
Available 24 Hours a Day. 7 Days a Week
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, Grabas, Arnold & Mangan, LLC can provide you legal counsel.
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.
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:
Simple assault can become an aggravated assault if an aggravating factor is present. Aggravating factors may include:
An aggravated assault conviction can result in as much as 10 years in prison and up to $150,000 in fines.
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.
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.
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:
Our firm handles assault cases throughout Union County, New Jersey, including Plainfield, Scotch Plains, Fanwood, Garwood, and Westfield.
Contact us to schedule your free consultation today!
You can reach us 24 hours a day: (908) 322-7000.