Criminal offenses in New Jersey are very serious and can come with hefty penalties if convicted, especially violations that involve harming the physical well-being of another. These types of crimes are classified assault, which is either simple or aggravated; both have varying degrees depending on the type of assault committed.

As defined by statute N.J.S.A. 2C:12-1:

1. Simple Assault is committed when a person:
   • Purposely, knowingly, or recklessly causes bodily injury to another; or
   • Negligently causes bodily injury to another with a deadly weapon

Simple Assault is considered a disorderly person’s offense and carries a fine of up to $1,000 and a possible 6-month sentence in jail. If a vehicle was used in committing the offense, an added penalty would result in the suspension of the defendant’s driver’s license for a maximum of two years. The statute of limitations to be prosecuted for this offense is one year from the date it occurred.

The second category of this offense is labeled as aggravated assault, which is defined as the following:

2. Aggravated Assault is committed when a person:
   • Attempts to cause or actually causes serious bodily injury to another purposely, knowingly, or recklessly (second degree offense)
   • Either attempts to cause or actually causes serious bodily injury while using a deadly weapon purposely or knowingly (third degree offense)
   • Recklessly causes bodily injury with a deadly weapon (fourth degree offense)
   • Knowingly points a firearm at or in the direction of another person with extreme indifference for that person’s life (fourth degree crime) it’s a third degree crime if the person is a law enforcement officer
   • Causes bodily injury while attempted to avoid a member of law enforcement or while unlawfully operating a vehicle (second degree crime)
   • Attempts to cause or actually causes serious bodily injury to another with extreme indifference for that person’s life (third degree crime)
   • Causing bodily injury toward any emergency personnel during the course of his or her duty as an emergency responder (second or third degree crime dependent on the extent of injury)
   • Knowingly point a firearm, real or imitation, at or in the direction of a law enforcement officer for the purpose of threatening or intimidating the officer (third degree crime)
   • Using a laser device affixed to a firearm against a law enforcement officer while performing his or her duty (third degree crime)
   • Purposely driving a vehicle aggressively causing bodily injury to another person in a vehicle (third or fourth degree crime depending on the injury sustained)
   • Commit a simple assault against a protected person under New Jersey law (third or fourth degree crime depending on the injury sustained)

Under this type of assault, the degrees vary between second, third, and fourth, each with their own set of penalties and punishments. If convicted a crime in the second degree, you can be fined up to $150,000 and imprisoned for 5 to 10 years. For third degree offenses, the prison sentence could range from 3 to 5 years and a fine up to $15,000. A fourth degree offense carries a jail sentence of up to 18 months and a fine up to $10,000.

Dealing with an assault charge can be very difficult, and without an attorney, it may be almost impossible to get your charge dismissed or downgraded. Having an experienced criminal defense attorney on your side to help you fight against them will give you the best possible outcome when you go to court. Contact me, David W. Polsky, to help you put up a strategic fight against the charges. Please feel free to call me now at (973) 686-9787.