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What Are The New Jersey Laws For Assault And Aggravated Assault?


How Does New Jersey Law Define Simple Assault?

A simple assault is defined under 2C:12-1 as an assault that occurs when a person injures or attempts to injure another person without legal justification. An assault can be charged as either a simple assault or an aggravated assault. The different levels of assault are going to depend on several factors including the seriousness of the victim’s injury, whether the defendant used a weapon or object to cause an injury and, in some cases, whether the victim is provided special protection by New Jersey law.

Talking about simple assault, there are three ways to commit a simple assault. First, a person commits simple assault by either attempting to or actually causing someone else to suffer bodily injury; the injury must have been caused either purposely, knowingly or recklessly. Secondly, simple assault can also occur if a person negligently injures someone else by using a deadly weapon. Third, it is also a simple assault to put another person in fear of serious bodily injury.

Is Simple Assault A Misdemeanor Or A Felony Under New Jersey Law?

Under New Jersey law, they are not called misdemeanors or felonies. The law is different in New Jersey. What other states call misdemeanors, New Jersey calls it disorderly persons offenses. Simple assault falls into that category. It can be said that a simple assault is a misdemeanor in New Jersey. For felonies, there are indictable criminal offenses, that is reserved for aggravated assault.

What Are Some Examples Of Criminal Acts That Would Fall Under Simple Assault?

Simple assault cases are something where you’re acting purposely. For example, if you come over to someone and you walk up to them and you shove them in the chest, that could be simple assault. In the case of punching someone in the face – that’s a purposeful act. So is slapping someone, because you are acting knowingly.

A person causes an injury knowingly when the person is aware their actions will almost certainly cause injury. so if you’re standing on the top of a building and you’re throwing water balloons down, if it hits somebody and injures them, that is going to be a simple assault. Acting knowingly when you know your actions could cause an injury are cases of simple assault.

That also brings into account a negligence standard where a person acts negligently and should be aware but fails to realize that their actions are going to cause an injury. For instance, negligently using a deadly weapon can come under that category but most of the time, that kind of injury is going to be elevated to aggravated assault. Then there are reckless acts, which are committed without consciously disregarding the risk they may have on others. That’s also going to come under a simple assault.

If you need information for Assault And Aggravated Assault Laws In New Jersey, 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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