Assault in New Jersey

Businessman kicking younger colleague lying on pavement

In New Jersey, there are two specific types of assault with which you can be charged—simple assault or aggravated assault. The nature of the charge will depend a number of factors, including whether or not a firearm or other weapon was used in the attack, how seriously the victim was hurt, or whether there are specific statutes that apply to the attack.

Simple Assault in New Jersey

The first thing to understand about assault is that it does not require a physical touching or injury. One of the ways that you can commit simple assault in New Jersey is to put another person in reasonable fear of imminent and serious bodily injury. It’s also assault to attempt to cause bodily harm to another person, or to cause bodily injury to another person. Such harm may be caused intentionally, recklessly or knowingly. However, it’s also possible to be charged with simple assault for a negligent act—the New Jersey statutes make it simple assault if you carelessly injury someone while using a deadly weapon.

Aggravated Assault in New Jersey

In New Jersey, the crime of simple assault may be elevated to aggravated assault under a number of specifically enumerated situations:

  • Where the assault is committed “under circumstances manifesting extreme indifference to the value of human life
  • Where the assault involves a deadly weapon and the prosecutor can show intent, knowledge or recklessness
  • Where the defendant points a firearm at another person (loaded or not)
  • Where the person causing injury was fleeing a law enforcement officer or illegally driving a motor vehicle
  • Injuries to emergency personnel called to put out a fire started by the defendant
  • Using or activating a laser sighting system or similar device
  • Intentionally driving a motor vehicle in an aggressive manner
  • Committing assault against anyone with protected status in New Jersey, including
    • Police officers
    • Fire personnel
    • Emergency personnel
    • School board members or employees
    • Child Protection and Permanency personnel
    • Bus drivers
    • Department of Corrections workers
    • Utility workers
    • Health care workers
    • Psychiatric care personnel

Contact Jack Venturi Law

Our team has the experience, skill, knowledge and resources to aggressively protect your rights. For a confidential consultation, contact us online or call us toll free at 866-339-7801. We represent clients throughout Middlesex County, Union County, Mercer County, Monmouth County, Essex County and Somerset County.

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