Facing a Simple Assault Charge in Toms River, New Jersey?
Simple Assault and Aggravated Assault charges can stem from a multitude of things. Whether you are having a fight with a loved one, arguing with someone at a bar or just trying to protect yourself in a fight, assault charges will have serious consequences. Depending on the severity of the injuries and the nature of the offense, your assault charges could range from a disorderly persons offense up to a second degree felony offense. If you were arrested, charged and facing a detention hearing for simple assault or aggravated assault charges in Toms River, contact an experienced ocean county criminal lawyer today. The law firm of Proetta & Oliver specialize in criminal defense and firm partners are available to consult with any defendant seeking representation in their criminal case. For more information on simple assault and aggravated assault charges in Ocean County, call 848-238-2100 today.
Can I be Charged with Simple Assault in Toms River?
N.J.S.A. 2C:12-1(a) Simple Assault Law NJ
Simple assault is a disorderly persons offense, also referred to as a misdemeanor. This is the lowest level assault charge under the New Jersey criminal code. Pursuant to New Jersey’s Criminal Code, 2C:12-1(a), a person is guilty of assault if he/she:
Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
Negligently causes bodily injury to another with a deadly weapon; or
Attempts by physical menace to put another in fear of imminent serious bodily injury.
Is Aggravated Assault a Felony?
N.J.S.A. 2C:12-1(b) Aggravated Assault Law NJ
Aggravated assault is a very common charge issued in Toms River. Unlike simple assault, this offense is considered an indictable offense, which is New Jersey’s version of a felony. There are several different subsections to the aggravated assault statute but the type of injury involved and the “status” of the victim typically will dictate what degree a Defendant is facing.
Pursuant to New Jersey’s Criminal Code, 2C:12-1(b), a person is guilty of aggravated assault if he/she:
Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or
Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or
Recklessly causes bodily injury to another with a deadly weapon; or
Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm at or in the direction of another, whether or not the actor believes it to be loaded; or
Causes simple assault to any of the following individuals:
Law enforcement officer acting in the performance of his duties;
Paid or volunteer fireman acting in the performance of his duties;
Person engaged in emergency first-aid or medical services acting in the performance of his duties;
school board member, school administrator, teacher, school bus driver or other employee of a public or nonpublic school or school board while in performance of their duties;
Employee of the Division of Child Protection and Permanency while in performance of their duties;
Any judge while in performance of their duties;
Operator of a motorbus or the operator’s supervisor or any employee of a rail passenger service while engaged in the performance of his duties;
Department of Corrections employee, county corrections officer, juvenile corrections officer, State juvenile facility employee, juvenile detention staff member, juvenile detention officer, probation officer or any sheriff, undersheriff, or sheriff’s officer acting in the performance of his duties;
employee, including any person employed under contract, of a utility company while in performance of their duties;
Direct care worker at a State or county psychiatric hospital or State developmental center or veterans’ memorial home, while engaged in their duties; and
health care worker employed by a licensed health care facility to provide direct patient care, any health care professional licensed or otherwise authorized while engaged in performance of their duties.
Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer by resisting arrest; or
Attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury; or
Causes bodily injury by knowingly or purposely starting a fire or causing an explosion which results in bodily injury to any emergency services personnel involved in fire suppression activities, rendering emergency medical services resulting from the fire or explosion or rescue operations, or rendering any necessary assistance at the scene of the fire or explosion, including any bodily injury sustained while responding to the scene of a reported fire or explosion.
Knowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm at or in the direction of a law enforcement officer; or
Knowingly points, displays or uses an imitation firearm at or in the direction of a law enforcement officer with the purpose to intimidate, threaten or attempt to put the officer in fear of bodily injury or for any unlawful purpose; or
Uses or activates a laser sighting system or device, or a system or device which, in the manner used, would cause a reasonable person to believe that it is a laser sighting system or device, against a law enforcement officer acting in the performance of his duties while in uniform or exhibiting evidence of his authority.
Attempts to cause significant bodily injury or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life, recklessly causes significant bodily injury to a person who, with respect to the actor, meets the definition of a victim of domestic violence; or
Knowingly or, under circumstances manifesting extreme indifference to the value of human life, recklessly obstructs the breathing or blood circulation of a person who, with respect to the actor, meets the definition of a victim of domestic violence, by applying pressure on the throat or neck or blocking the nose or mouth of such person, thereby causing or attempting to cause bodily injury.
Can I Go to Jail for Simple Assault Charge in Toms River, NJ?
In New Jersey, Simple Assault is treated as a disorderly persons offense. If convicted, the Toms River Municipal Court judge may sentence you to a period of six (6) months in the Ocean County Jail. This is in addition to any fines, or anger management courses the Judge may require you to attend. A criminal record of your offense will be created and accessible to employers who perform any background checks in future.
Jail Times for Aggravated Assault Toms River NJ
As mentioned above, aggravated assault is either a crime of the second or third degree. Where serious bodily is caused or attempted, the charges will be a second degree felony offense. As a second degree crime, you will be subject to a term of imprisonment between five (5) and ten (10) years in a New Jersey State Penitentiary. Also, second-degree aggravated assault charges involve the No Early Release Act(NERA) which requires that 85% of the prison sentence be served before an individual is eligible for parole. In this case, that could be up to 8 ½ before you are parole eligible. Third degree aggravated assault charges carry between three (3) and five (5) years in a New Jersey State Penitentiary. Fourth degree aggravated assault charges, the least severe of the three indictable assault offenses, carries up to eighteen (18) months of incarceration.
Toms River NJ Assault Attorneys
If you or a loved one have been charged with simple assault, under N.J.S.A. 2C:12-1a, or aggravated assault, under N.J.S.A. 2C:12-1b, contact a Toms River attorney today. Depending on the facts fo your case, the Ocean County Prosecutor may file a formal Detention Hearing to keep you behind bars until your trial. These types of hearings must be challenged as they can lead to a loss of liberty and restriction on your freedoms. Call 848-238-2100 today and speak with an Ocean County Criminal Defense Attorney today about your case. With offices in point Pleasant, Proetta & Oliver is centrally located to assist any person facing criminal charges in Ocean County.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. All major credit cards are accepted.