New Jersey Assault And Battery Lawyer - N.J.S.A. 2C:12-1a & N.J.S.A. 2C:12-1b
Assault and battery are two different charges that both involve the physical harm or threat of physical harm to an individual. Unfortunately, sometimes arguments or other confrontations can get out of control, possibly causing you to be wrongfully accused of either assault or battery. Even if you do not harm anyone with assault or battery, you can still face serious consequences in Freehold and Neptune, New Jersey.
Assault vs. Battery
An assault and a battery are similar – but different – types of criminal offenses under New Jersey law. If you are found guilty of either an assault or battery, you could face serious consequences. So, it is important to understand both offenses and the differences between them.
Under N.J.S.A. 2C:12-1a, a “simple assault” occurs when a person intentionally or recklessly uses force to cause bodily injury to another, negligently causes bodily injury to another with a deadly weapon or merely “attempts by physical menace to put another in fear of imminent serious bodily injury.” So, an assault can occur even without physical contact. For instance, if you simply point a gun at someone or wave a baseball at them in a threatening way, you could possibly be guilty of an assault in New Jersey.
If you found yourself in a fight the other day and the police were called to break it up, you might be facing charges for aggravated assault. Make no mistake, this charge is serious and can dramatically impact the rest of your life.
What are Assault and Battery Charges in NJ?
Simple battery – as a type of simple assault – is a disorderly persons offense under N.J.S.A. 2C:12-1a. It could lead to up to six months in jail in addition to other penalties. However, if the battery occurs in the course of a fight, and everyone involved in that fight entered into it with mutual consent, the battery could be charged as a petty disorderly persons offense, which can lead to up to 30 days in jail.
However, in some circumstances, a battery charge may be elevated to an aggravated assault charge. As a result, the charge is an indictable offense or felony, and it carries much more serious consequences. For instance, under N.J.S.A. 2C:12-1b, a simple battery could become a second-degree crime if a person purposely, knowingly or recklessly caused “serious” bodily injury to another, or it could be a third-degree crime if it caused “significant” bodily injury. Second-degree aggravated assault carries a prison term of five to 10 years, while third-degree aggravated assault carries a possible prison term of three to five years.
Additionally, if a person purposely or knowingly caused bodily injury to another with a deadly weapon, it would be a third-degree crime. However, if the person recklessly caused bodily injury to another, it would be a fourth-degree crime, carrying up to 18 months in prison.
Keep in mind: Any criminal conviction in New Jersey can lead to additional consequences, including fines and court fees. If a victim suffers injury that requires medical treatment, a person who is convicted of battery could also be forced to pay restitution.
These are only the legal penalties of an assault or battery conviction. You may also find yourself facing other repercussions such as the loss of your job due to a criminal conviction.
Contact Our Assault and Battery Defense Lawyer in New Jersey Today
If you are facing charges of assault or battery in Monmouth County, you need a tenacious New Jersey violent crimes attorney on your side to protect your rights and ensure that you are treated fairly. To discuss your case, contact the Law Office of Jason A. Volet in Freehold or Neptune today at 732-863-5050.