Felony or misdemeanor new jersey assault

Third, it is also a simple assault to put another person in fear of serious bodily injury.

Holmdel NJ Simple Assault Attorney

If you think your case might now be that of simple assault, you can get in touch with a Somerville Aggravated Assault Lawyer by calling Under New Jersey law, they are not called misdemeanors or felonies. The law is different in New Jersey. What other states call misdemeanors, New Jersey calls it disorderly persons offenses.

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Simple assault falls into that category. It can be said that a simple assault is a misdemeanor in New Jersey. For felonies, there are indictable criminal offenses, that term is reserved for aggravated assault.

Disorderly Person Offenses and Summary Offenses

For example, if you come over to someone and you walk up to them and you shove them in the chest, that could be simple assault. So is slapping someone, because you are acting knowingly.

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  • What is the difference between simple assault and aggravated assault?.
  • A person causes an injury knowingly when the person is aware their actions will almost certainly cause injury. Acting knowingly when you know your actions could cause an injury are cases of simple assault. In other cases, when the injury or harm caused was severe, it will be considered as aggravated assault and will require the services of a New Jersey Aggravated Assault Lawyer. That also brings into account a negligence standard where a person acts negligently and should be aware but fails to realize that their actions are going to cause an injury.

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    For instance, negligently using a deadly weapon can come under that category but most of the time, that kind of injury is going to be elevated to aggravated assault. An assault occurs when a person threatens another with imminent bodily harm.

    A criminal battery occurs with an unlawful reckless or intentional harm to another with or without a deadly weapon; it requires offensive physical contact with a person or with an extension of the person such as their glasses or clothing. In New Jersey, there are various categories for assault and even if a battery is committed, it's charged as an assault. The offense of simple assault is the most basic assault charge in New Jersey. Simple assault charges arise when an individual engages in the following conduct: attempts to cause, or knowingly or recklessly causes, bodily injury to another; negligently causes bodily injury to another with a deadly weapon; or attempts to place someone in fear of imminent injury by menacing them.

    A simple assault is classified as a disorderly persons offense.


    New Jersey Assault and Battery Laws

    If the simple assault stems from a mutual fight, then it's categorized as a petty disorderly persons offense. However, if an assault is more serious such as an assault on a police officer or fire fighter, or if the assault is conducted with a vehicle, then it's classified as aggravated assault.

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    • If you commit a battery in New Jersey, you will actually face an assault charge. However, the reverse isn't true: A person could be charged with assault without having committed a battery. Since one way to commit an assault involves menacing a person, this conduct would not constitute a battery because a battery requires physical touching.

      The chart below provides a summary of New Jersey's assault laws, including links to important code sections.

      Misdemeanors and Felonies in New Jersey | Villani & DeLuca, P.C.

      Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts including federal decisions , ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law s you are researching.

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      The laws related to assault and battery in New Jersey can be difficult to comprehend if you don't have much experience with the law. If you're facing charges, your best bet is to consult with a skilled legal expert.