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Penalties And Sentencing In Assault And Battery Cases


What Are The Penalties And Sentences For Simple Assault, Aggravated Assault In New Jersey Law?

The penalty for a bias intimidation is directly proportional to the penalty for the underlying crime. In other words, bias intimidation is a crime one degree higher than the most serious underlying offense you are being charged with that relates to the alleged discrimination. For example, if you’re being charged with bias intimidation due to committing aggravated assault, which is a second degree crime in New Jersey, you’ll be facing a charge for first degree for bias intimidation.

When the underlying crime is already a first degree crime, the bias intimidation charge will also be in the first degree. If you are found guilty of bias intimidation, you will be sentenced for both the underlying offense and bias intimidation. This means that you will face two punishments – one for the underlying crime which is the aggravated assault, and one for bias intimidation. For example, you would go to prison for up to 10 years for the aggravated assault charge and up to 30 years for the bias intimidation. Those are the penalties for bias intimidation.

What Are The Penalties For The Assault And For The Simple Assault?

When we’re dealing with simple assault, it’s categorized as a disorderly person’s offense unless the injury occurred as a result of a consensual type of scuffle in which case it is a petty disorderly person’s offense. A defendant convicted of simple assault can be fined or it can be restitution or both. A fine cannot exceed $1,000 for a disorderly person’s offense or $500 for a petty disorderly person’s offense.

A judge can order a higher fine not to exceed double the amount of loss suffered by the victim. You also face up to 60 days in jail. There are two or three situations where it’s treated as a higher crime of a fourth degree, which carries a prison term of six months. It carries a potential prison term of 18 months if it’s charged as a fourth degree crime. The circumstances where it gets elevated are working as an employee in a care facility against an institutionally elderly person or while in the presence of a child under 16 years of age at a school or community sponsored youth sports event.

A good example would be of an umpire at a baseball game who assaults somebody. They’re going to face a fourth degree crime rather than the disorderly person’s offense. The penalties for aggravated assault depend on which type of aggravated assault a defendant committed. The different types of aggravated assault are classified as different levels of crimes with varying penalty levels.

Aggravated assault ranges from a lower level crime of fourth degree to a higher level  crime of the second degree. A defendant convicted of aggravated assault can be sentenced to a prison term or probation, or both, as well as fined and ordered to make restitution. The length of the prison term depends on the level of the assault conviction.

In a fourth degree, you’re looking at 18 months, for a third degree you’re looking at a minimum of three years, but no longer than five, for a second degree, it’s five to ten years. For the second degree crime, you could also net a fine of up to $150,000 and with third degree, you’re looking at a fine of $15,000; on the fourth degree, you’re looking at a fine of up to $10,000. That can be pretty expensive and pretty serious.

What Kind Of Long Term Effects Might Someone Face With A Conviction Of Assault On Their Record?

With a conviction for assault on your background, it can be difficult to get work, or loans. Any type of offense of violence is going to limit the types of jobs and programs that you are available for. They are going to limit your ability to ever possess or own a firearm but the criminal background on getting jobs is going to be the most serious problem.

Read about the Penalties And Sentencing In Assault And Battery Cases In New Jersey or call the law office of Attorney James Abate for a free initial consultation at (908) 210-9755 and get the information and legal answers you’re seeking.

Get your questions answered – call me for your free, 20 min phone consultation (908) 210-9755

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