Information on Assault

Hunterdon County Criminal Defense Lawyers

The degree of the assault often depends on the type of injury caused or intended and sometimes the person who was assaulted. There are three types of injury, bodily injury, significant bodily injury and serious bodily injury.

Bodily injury is any physical pain, illness or any impairment or physical condition. Significant bodily injury means bodily injury which creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses. Serious bodily injury means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Assaults are very serious crimes because there is always a victim. Thus, these cases are prosecuted vigorously. Because the No Early Release Act (requiring the defendant to server 85% of the prison term before release) applies, the stakes are extremely high.

If you are facing any assault charge in Hunterdon County or any court in New Jersey call the tough, smart attorneys at Jack Venturi & Associates to begin the fight against these potentially devastating charges.

Simple Assault, 2C:12-1a

A simple assault is often a push, a punch, a slap or an attempt to to strike someone. The injury, bodily injury, is often a bruise, a red mark or a small cut. This is also a frequent cause of action for domestic violence restraining orders, although harassment, a related offense is more common. A simple assault is a disorderly person's offense unless it is a mutual fight at which point it is a petty disorderly person's offense.

Aggravated Assault, 2C:12-1b

There are numerous forms of aggravated assault. Depending on the nature of the injury and the status of the victim, it could be a fourth, third or second degree crime. Often, the nature of injury caused or attempted becomes the key focus in the case.

Attempt to Cause Serious Bodily Injury, 2C:12-1(b)(1)

This crime can be committed even if no injury occurred. For example, firing a gun at a person but missing would likely lead to a conviction under this section. Unlike most other forms of assault, the defendant must have a purpose to cause serious bodily injury to another. Thus, intoxication can be a successful defense to this charge. Regardless of whether an injury occurred, this is a crime of the second degree and the No Early Release Act (NERA) applies. That means that a defendant must serve 85% of the sentence before being eligible for parole.

Causing Seriously Bodily Injury, 2C:12-1(b)(1)

This crime is committed when seriously bodily injury is suffered by the victim. However, the State does not need to prove that the defendant acted purposely. It can be committed if the defendant caused the injury recklessly under circumstances manifesting extreme indifference to the value of human life. Unlike the ordinary recklessness standard, this recklessness must be so extreme in its conscious disregard of the risk under the circumstances that it manifested extreme indifference to the value of human life. Thus, while intoxication is still a defense, it is limited. This is also a second degree offense.

Causing Significant Bodily Injury, 2C:12-1(b)(7)

This crime is committed when either the defendant attempts or causes significant bodily injury. It can be purposely, knowingly or recklessly. It is a third degree crime and other than the nature of the injury, it is essentially the same as second degree aggravated assault. NERA also applies.

Causing Bodily Injury with a Deadly Weapon, 2C:12-1(b)(2)

This crime is committed when the defendant attempts or causes bodily injury with a deadly weapon. While the injury caused is the same as that in a simple assault, it is elevated to a third degree crime due to the use of a deadly weapon. While it may be rare, there can be a conviction even if the victim was unaware of the attempt. NERA also applies

Recklessly Causing Bodily Injury with a Deadly Weapon, 2C:12-1(b)(3)

This crime is similar to 2C:12-1(b)(2) except that the bodily injury was caused recklessly. This recklessness only requires the state to prove that the defendant disregarded a substantial and unjustifiable risk that the injury would result from his conduct. Again, only bodily injury is required and NERA applies.

Pointing a Firearm, 2C:12-1(b)(4)

This crime occurs when the defendant 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 defendant believes the firearm to be loaded is immaterial. Furthermore, it includes just about any type of gun including spring loaded BB guns. It is a fourth degree offense.

Pointing a Firearm at a Law Enforcement Officer, 2C:12-1(b)(9)

This crime is committed when the defendant 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. Unlike 2C:12-1(b)(4), the defendant need only display, not point the gun at the officer. It is a third degree offense and NERA applies.

Point an Imitation Firearm at a Law Enforcement Officer, 2C:12-1(b)(10)

Like 2C:21-1(b)(9), this crime occurs when the defendant knowingly points, displays or uses an imitation firearm at or in the direction of a law enforcement officer. However, it has the additional requirement of a purpose to intimidate, threaten or attempt to put the officer in fear of bodily injury or for any unlawful purpose. An imitation firearm is an object or device reasonably capable of being mistaken for a firearm. This is also a third degree offense and NERA applies.

Laser Lighting Device, 2C:12-1(b)(11)

It is a third degree crime to use or activate 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. A "laser sighting system or device" is any system or device that is integrated with or affixed to a firearm and emits a laser beam that is used to assist in the aiming of firearms. NERA applies.

Simple Assault on Certain Victims, 2C:12-1(b)(5)

This crime elevates simple assault based upon the nature of the victim, not the nature of the injury. The victims covered under this statute include law enforcement officers, firemen, school personnel, DYFS employees, judges, transportation officials, correction, probation and sheriff employees, and utility and cable employees. NERA applies.

Assault by Auto or Vessel, 2C:12-1(c)

This crime occurs when a defendant drives the auto or vessel recklessly causing injury. If the person suffers seriously bodily injury, it is a fourth degree crime. If the person suffers bodily injury, it is a disorderly person's offense. The same offense is upgraded to third degree crime and fourth degree crime, respectively, if the driver was also in violation of of DWI or refusal to take a breathalyser test. Furthermore, the third degree crime will be elevated to a second degree crime if the defendant was driving on or near school property or driving through a school crossing.

Eluding Police, 2C:12-1(b)(6)

A driver who causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer is guilty of a second degree crime.

We have the experience, knowledge and innovative defense tactics to help protect you as well as your family, career and reputation. When you hire Jack Venturi & Associates, a team of tough, smart attorneys will craft a strategy that is uniquely tailored to help achieve the result you want in your case. Our battle plan to attack the allegations against you is then immediately started so we can get ahead of the case.

Day or night, weekday or weekend, call Jack Venturi & Associates at 732-247-3340 to speak to an aggressive attorney that can represent you in Hunterdon County or any State or Federal court in New Jersey.

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