The main differences between aggravated and simple assault in New Jersey are the severity of the injury caused by the offense and the degree of charges. Simple assault is a more minor crime charged as a disorderly person’s offense. Aggravated assault is serious and charged as an indictable offense.
Getting an aggravated assault charge reduced to simple assault is preferable because simple assault is a disorderly persons offense in New Jersey. A conviction of simple assault carries a possible sentence of up to six months in jail and a fine of up to $1,000. That is not nearly as harsh as the potential penalty of 5 to 10 years in prison and a $150,000 fine, which an aggravated assault conviction could bring.
If you are facing assault charges of any kind in New Jersey, you need the help of an experienced criminal lawyer. Contact the Law Office of Jason A. Volet right away to protect your legal rights. As a defense attorney and former prosecutor, attorney Jason Volet has the experience to help you seek the most favorable resolution if you are facing charges of aggravated assault.
The Key Differences Between Simple and Aggravated Assault
New Jersey’s assault law, N.J.S.A. 2C:12-1, covers the crimes of simple assault and aggravated assault. Under the statute, the primary difference between aggravated assault and simple assault in New Jersey is whether the assault results in injuries and, if so, the severity of the injuries.
Simple assault typically includes cases where a perpetrator threatens a victim and causes them to fear imminent injury or where a perpetrator inflicts non-serious injuries.
Circumstances that can raise a simple assault charge to aggravated assault under New Jersey law include:
- Recklessly causing injury with a deadly weapon
- Knowingly pointing firearms at others with reckless indifference to human life
- Assaulting protected persons (for example, police officers, corrections officers, first responders, school staff, healthcare workers, and judges)
- Severely injuring or strangling someone protected under domestic violence laws
When Assault Charges Overlap with Domestic Violence
A person charged with assault in New Jersey can also face a domestic violence case when they commit the offense against someone with whom they share a relationship that falls within the scope of New Jersey’s Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq. Under the PDVA, a person can become a victim of domestic violence if they suffer an act of domestic violence committed by a:
- Spouse
- Former spouse
- Current or former housemate
- Person with whom the victim shares a child in common or anticipates having a child in common due to a current pregnancy
- Current or former dating partner
The PDVA lists assault as one of the predicate acts that constitute domestic violence. A person accused of assaulting someone protected under the PDVA could also face a civil proceeding, in addition to potential criminal charges, if the alleged victim seeks a restraining order.
Common Defenses to Assault Charges in New Jersey
A person facing a simple or aggravated assault charge may have defenses against the state’s case, depending on the evidence and circumstances. Defendants and their attorneys may use police reports, surveillance footage, cell phone video, eyewitness statements, and medical records to support a defense against one or more elements of a simple or aggravated assault charge.
Common examples of defense strategies used in assault cases in New Jersey include:
- Self-defense – Defendants facing assault charges frequently claim self-defense or defense of others, asserting that the purported victim started the altercation.
- Lack of intent – Many aggravated or simple assault charges require an offender to have acted purposely, knowingly, or recklessly. A defendant may argue that the state’s case does not prove the required criminal intent for the charge.
- Lack of severe injury – A defense strategy may contest the severity of the alleged victim’s injuries to reduce the offense’s grade.
- Mistaken identity – A defendant may challenge an alleged victim’s or an eyewitness’s identification of the defendant as the perpetrator of the assault. Defendants can also present alibi evidence to prove they were elsewhere when the assault happened, and thus someone else committed the crime.
- Mutual altercation – Defendants may seek to reduce the grading of an assault charge from aggravated assault to simple assault or from disorderly persons simple assault to petty disorderly persons simple assault by arguing that the underlying incident involved a mutual altercation between the defendant and the alleged victim.
Can Aggravated Assault Be Reduced to Simple Assault?
Prosecutors may choose to reduce an aggravated assault charge to simple assault when the evidence cannot support a jury finding some element that differentiates an aggravated assault charge from a simple assault charge. For example, prosecutors may reduce an aggravated assault charge if the evidence does not support finding that the victim suffered a serious injury, since the severity of an injury caused by an assault can mean the difference between aggravated and simple assault.
Defendants may also file motions to exclude evidence from the state’s case if police unlawfully obtained the evidence, which may leave prosecutors with insufficient evidence to pursue an aggravated assault charge.
What Are Some Examples of Aggravated Assault in New Jersey?
Aggravated assault may be charged as a second, third, or fourth-degree offense in New Jersey. There are 11 scenarios in which someone could be convicted for aggravated assault in New Jersey.
Second-degree offense aggravated assault is:
- Knowingly and intentionally causing or attempting to cause serious bodily injury to someone else in a manner that shows extreme indifference to human life
- Causing injury to another while attempting to flee or elude a police officer or while committing a theft
For example, a second-degree offense of aggravated assault would be charged for Knowingly or purposely starting a fire or causing an explosion that causes bodily injury to any emergency services personnel involved in fire suppression activities or rendering emergency medical services r at the scene of the fire or explosion
Third-degree offense aggravated assault is:
- Causing or attempting to cause injury to another person using a deadly weapon, such as a gun or knife
- Causing or attempting to cause significant bodily injury to someone purposely or under circumstances showing extreme indifference to the value of human life
- Intentionally pointing or displaying a firearm in the direction of a law enforcement officer
- Intentionally pointing or displaying a fake firearm in the direction of a law enforcement officer
- Using or activating a laser sighting system or device that could reasonably cause harm to a law enforcement officer
Fourth-degree offense aggravated assault is:
- Recklessly causing injury to someone using a deadly weapon
- Intentionally pointing a firearm at or in the direction of another person, regardless of whether it is loaded
- Assaulting someone performing official duties, such as a law enforcement officer, a firefighter, a medical first responder; school administrator, school bus driver; or school teacher. If the individual is injured in the assault, the charge may be elevated to a third-degree offense of aggravated assault.
What Are Some Examples of Simple Assault in New Jersey?
Simple assault occurs when the victim was hurt or felt threatened or injured by a mishandled weapon. But any unwelcome touching of someone else could be charged as simple assault.
Simple assault might be charged for:
- Hitting or grabbing someone
- Pushing someone down or against a wall
- Pulling someone’s hair
- Throwing an object that hits someone
- Dropping or mishandling a gun, causing it to fire and injure someone
- Threatening to strike someone
What Is the Most Common Punishment for Simple Assault in New Jersey?
In New Jersey, simple assault jail time can include up to six months in county jail for a disorderly persons offense or up to 30 days in county jail for a disorderly persons offense linked to a simple assault that occurs during a mutual altercation.
People charged with simple assault may wonder whether the court will sentence them to jail time if convicted. Courts typically do not impose jail time for simple assault convictions, especially for first-time offenders or charges arising from minor disputes. Instead, a court may impose other penalties as part of a sentence for a simple assault conviction, including:
- Fines of up to $1,000 for a disorderly persons offense or $500 for a petty disorderly persons offense
- Probation with a suspended jail sentence conditioned on completing probation
- Victim restitution
- Mandatory state assessments and court fees
- Mandatory anger management classes or behavioral treatment
- Community service
Can Simple Assault Charges be Dropped in NJ?
A person charged with simple assault may wonder if prosecutors can drop the charge, especially if the alleged victim does not want to proceed with the case. However, an alleged victim’s refusal to cooperate with prosecutors or testify in a criminal trial does not necessarily mean that the state will drop a simple assault charge. Prosecutors may have other evidence beyond the alleged victim’s testimony to prove their case.
Prosecutors may decide to drop simple assault charges if they do not have sufficient evidence to convict a defendant at trial. For example, a defendant may successfully move to exclude a critical piece of evidence in the state’s case. Prosecutors may also agree to drop a simple assault charge as part of a plea agreement resolving multiple charges against a defendant, with the defendant agreeing to plead guilty to other charges in exchange for the state withdrawing the simple assault charge.
What Are the Differences Between Bodily Injury and Serious Bodily Injury?
Assault can involve bodily injury or serious bodily injury. The degree of injury determines whether to charge someone with simple assault or aggravated assault.
Bodily injury can include:
- Illness
- Physical pain
- Impairment of physical condition
Serious bodily injury is an injury such as:
- Serious injuries
- Permanent disfigurement of a body part
- Loss of function or impairment of an organ
- The risk of death
Is Aggravated Assault Considered a Felony?
Aggravated assault is an indictable crime in New Jersey, often called a felony in other states. The charge can be of the second, third, or fourth degree, depending on the circumstances of the crime.
What Should I Do if I’m Charged with Assault?
If prosecutors charge you with assault in New Jersey, you can take steps to protect your rights and improve your chances of securing a favorable resolution.
Things you should do when charged with assault include:
- Exercise your right to remain silent by refusing to give a statement to the police or answer officers’ questions.
- Do not contact the victim or eyewitnesses.
- Write down information for witnesses who may have favorable testimony.
- Invoke your right to legal counsel by speaking with our defense attorneys as soon as possible.
What Are the Penalties for Aggravated Assault?
Sentencing for aggravated assault depends on whether the crime is a second, third, or fourth-degree indictable offense:
- Fourth-degree indictable offense – Up to 18 months in prison and a $10,000 fine
- Third-degree indictable offense – 3 to 5 years in prison and up to a $15,000 fine
- Second-degree indictable offense – 5 to 10 years in prison and up to a $150,000 fine
Criminal penalties can also include:
- Court fees and costs
- Paying restitution to the victim
- Community service
- Probation
- Anger management, drug abuse, or alcohol abuse counseling
What Are The Penalties for Simple Assault in New Jersey?
The harshest penalty available for a simple assault conviction in New Jersey is six months in jail and a fine of up to $1,000. If it is your first offense and you have an aggravated assault attorney, you could obtain a suspended sentence and be put on probation. You may be required to perform community service and attend anger management classes.
Contact a New Jersey Criminal Defense Lawyer
The Law Office of Jason A. Volet will fight by your side to get the charges against you dropped or reduced. Our team will dedicate significant time and effort to try to reach the best possible result in your case.
If you face a simple or aggravated assault charge, contact our law firm today for a confidential consultation to learn how we can help.
