Simple assault is one of the most frequently filed offenses in New Jersey. Police departments like Jackson Township frequently receive calls about domestic disputes or other types of behavior involving arguing and fighting. If you happen to be caught up in one of these disputes and are subject to police intervention, you may find yourself facing criminal charges for simple assault or aggravated assault, under N.J.S.A. 2C:12-1. Alternatively, you may never be formally charged with assault but receive a Temporary Restraining Order stating that you committed this type of assault at a specified date and time. Whatever the circumstance, it is in your best interests to learn exactly what it is that you are being charged with and what that means in the context of the criminal justice system. Contact Jackson NJ Criminal Defense Attorney to discuss your case and what outcomes you are potentially facing. Here at Proetta & Oliver, our firm has handled a plethora of assault cases for clients throughout the years. We will gladly sit down and discuss the realities that lay before you in your criminal trial. Call 848-238-2100 today and speak to an attorney about your case and how we can ensure that your constitutional rights are not being violated.
Simple Assault Jackson Municipal Court
The New Jersey Criminal Code sets forth various types of conduct which constitute an a Simple Assault, pursuant to N.J.S.A. 2C:12-1(a). Specifically, simple assault involves purposely, knowingly or recklessly causing of bodily injury to another. For the Municipal or County Prosecutor to prove their case, they must first demonstrate certain things. First, that defendant acted either purposely, knowingly or recklessly. Second, that the other person suffered a bodily injury. Lastly, that the defendant caused the bodily injury.
What is Bodily Injury?
Bodily injury means physical pain, illness or any impairment of physical condition.
Aggravated Assault Jackson NJ
There is a comprehensive list of what types of conduct will result in aggravated assault charges. This list includes the following:
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.
What is a Deadly Weapon?
A deadly weapon means any firearm or other weapon, device, instrument, material or substance which in the manner used or intended to be used is capable of producing death or serious injury. However, am automobile is not a deadly weapon for purposes of this offense.
Penalties for Assault Charges
This is a disorderly persons offense that carries up to six months in the Ocean County Jail, $1,000 fine and a permanent criminal record. Absent additional charges, your case will be heard at the Jackson Township Municipal Court or any other municipality where the offense occurred.
Second Degree aggravated assault carries between 5 and 10 years in state prison along with other fines set by the court. This period of incarceration will carry a mandatory 85% period of parole ineligibility pursuant to the No Early Release Act.
Third Degree aggravated assault carries between 3 and 5 years in state prison along with other fines set by the court.
Fourth Degree aggravated assault carries 18 months incarceration along with other fines set by the court.
PTI and Other Diversionary Programs
Depending on the facts of your case and the attitude of the victim, you may be eligible for a diversionary program. If your matter is before the municipal court, then the diversionary program would be the Conditional Dismissal Program. Alternatively, if you are before the Superior Court, you would be seeking admission into the program known as Pretrial Intervention. These options are not available to everyone and you should consult with an attorney about whether or not a diversionary program is the best option for you in your case.
Jackson NJ Defense Attorneys
The law firm of Proetta & Oliver offers its clients personalized approach to criminal defense. While we have the resources and experience of a large firm, our attorneys take the time to offer each of our clients the one-on-one interaction expected of a small firm. Call 848-238-2100 today and schedule your complimentary consultation with a Jackson Township NJ Attorney today.
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.