Morris County Assault Lawyer
Unfortunately, a person can receive an assault charge in the blink of an eye–even if they were only defending themselves against another aggressor. If you’re accused of simple or aggravated assault in New Jersey, you need a strong defense team that can effectively present your side of the story, argue against the prosecution’s case, and work to attain a favorable outcome on your behalf. Contact a skilled Morris County assault defense lawyer from Macri Law Firm today for a free initial consultation.
Types of Assault Charges in New Jersey
New Jersey law classifies assault into two main categories: simple assault and aggravated assault, each carrying different levels of severity depending on the circumstances of the incident.
Simple Assault
Under N.J.S.A. 2C:12-1(a), 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 to someone with a deadly weapon; or
- Attempt by physical menace to put another in fear of imminent serious bodily injury.
Simple assault is generally classified as a disorderly persons offense, but it can be upgraded to a petty disorderly persons offense if it occurs during a mutual fight or scuffle.
Aggravated Assault
Aggravated assault, defined under N.J.S.A. 2C:12-1(b), involves more serious conduct or outcomes and is typically charged as an indictable offense. It includes acts such as:
- Causing or attempting to cause serious bodily injury;
- Using a deadly weapon during an assault;
- Assaulting certain protected individuals, such as law enforcement officers, teachers, or healthcare workers;
- Recklessly causing injury while operating a motor vehicle.
The degree of the aggravated assault charge—ranging from a fourth-degree to a second-degree crime—depends on factors like the extent of injury, use of weapons, and identity of the alleged victim.
Penalties for Assault Charges in NJ
The penalties for assault in New Jersey vary significantly based on whether the charge is simple or aggravated, and the specific facts of the case.
Simple Assault Penalties
- Up to 6 months in county jail
- A fine of up to $1,000
- Potential community service, probation, or anger management classes
- A criminal record, which can impact employment, housing, and more
Aggravated Assault Penalties
Aggravated assault is an indictable offense, and penalties increase with the degree of the charge:
- Fourth-degree aggravated assault: Up to 18 months in prison and a fine of up to $10,000
- Third-degree aggravated assault: 3 to 5 years in state prison and fines up to $15,000
- Second-degree aggravated assault: 5 to 10 years in state prison, with a presumption of incarceration and fines up to $150,000
Additionally, many aggravated assault convictions fall under the No Early Release Act (NERA), which requires offenders to serve at least 85% of their sentence before becoming eligible for parole.
Potential Defenses
While every case is unique, some common defenses a seasoned assault lawyer may use against your assault charges may include:
- Self-defense or defense of others
- Lack of intent to cause harm
- Mutual combat or consent to fight
- False accusations or mistaken identity
- Insufficient evidence to prove the charge beyond a reasonable doubt
Contact a New Jersey Assault Defense Lawyer
Don’t face assault charges without an experienced legal team in your corner. Here at Macri Law Firm, we take pride in helping our clients preserve their freedoms, and we stand ready to do the same for you. Contact a skilled criminal defense lawyer from Macri Law Firm today so we can get started working on your case.
