Union County Assault Lawyers

When faced with assault charges, it is important to seek the aid of a team of criminal defense lawyers to help you fight to keep your record clean before you are convicted. An assault charge is not something to brush off lightly. It carries a negative and harsh stigma that will follow you throughout your lifetime. Contact The Mark Law Firm for a free consultation today.

What Is Considered Assault Under New Jersey Law?

Under New Jersey law, specifically N.J.S.A. 2C:12-1, assault is defined in several different ways, and depending on the circumstances, it can fall into one of two primary categories, simple assault or aggravated assault. You may be wondering what actually qualifies as a simple assault. In general, a person may be charged with simple assault if they:

• Attempt to cause, or purposely, knowingly, or recklessly cause bodily injury to another person
• Negligently cause bodily injury using a deadly weapon
• Attempt, through physical actions or threats, to place another person in fear of imminent serious bodily injury

In certain situations, such as a mutual altercation, simple assault may be classified as a petty disorderly persons offense, which can carry up to 30 days in jail. However, in most cases, simple assault is treated as a disorderly persons offense, which is the equivalent of a misdemeanor in New Jersey.

That being said, it is important not to underestimate the seriousness of a simple assault charge.

Even though it is considered a lower-level offense, a conviction can still result in:

• Up to 6 months in jail
• A permanent criminal record
• Difficulty obtaining employment or housing
• Loss of the ability to obtain a firearm permit
• Potential immigration consequences for non-citizens

In other words, even a “simple” assault charge can have long-term consequences that extend far beyond the courtroom.

What Is Aggravated Assault?

Aggravated assault is a more serious offense and is treated as an indictable crime in New Jersey, which means it is handled in Superior Court and carries significantly harsher penalties.

Under N.J.S.A. 2C:12-1(b), a person may be charged with aggravated assault in several different ways, including:

• Attempting to cause serious bodily injury to another person
• Causing serious bodily injury, either intentionally, knowingly, or recklessly
• Causing injury with a deadly weapon
• Attempting to cause injury with a deadly weapon
• Pointing a firearm at another person under circumstances that demonstrate extreme indifference to human life

You may also come across the phrase “under circumstances manifesting extreme indifference to the value of human life.” This does not necessarily refer to what the accused person was thinking at the time. Rather, it often relates to how the situation would be perceived from the victim’s standpoint, which can play a significant role in how the charge is evaluated.

Aggravated assault charges are graded by degree, typically as second, third, or fourth degree offenses, and each level carries different potential penalties.

For example:

• Fourth-degree aggravated assault can result in up to 18 months in state prison and fines of up to $10,000
• Higher-degree charges can carry substantially longer prison sentences and greater financial penalties

Because of the seriousness of these charges, it is critical to take them seriously from the outset.

Why Acting Quickly Matters

If you have been charged with assault, you may be asking yourself what you should do next. The reality is that these cases can move quickly, and the decisions you make early on can have a lasting impact on the outcome. Some of the most important steps you can take include:

• Speaking with an experienced criminal defense attorney as soon as possible
• Avoiding making statements that could be used against you
• Gathering any evidence or documentation related to the incident
• Understanding the charges and potential consequences you are facing

Contact Our Assault Lawyers in Union County, New Jersey

Assault charges are not something to take lightly. They carry a stigma that can follow you for years, and in many cases, the consequences extend into areas of your life that you may not initially expect. At the end of the day, if you are facing an assault charge in Union County or anywhere in New Jersey, our criminal defense lawyers are here to help. Contact us today for a free initial consultation.