New Jersey state law does not use the terms first-degree assault or second-degree assault to describe the criminal offense. Instead, these charges are divided into simple assault and aggravated assault based on the characteristics of the offense, which can then be divided into degrees of severity. Understanding how the different types of assault charges differ from each other is crucial in protecting your rights and interests. Obtain legal advice and representation from an experienced Bergen County criminal defense lawyer today.
What Are First- and Second-Degree Assault in NJ?
First-degree assault is comparable to aggravated assault in NJ. This is a more serious offense than simple assault and involves more severe injuries and a disregard for others. Under NJ Statute 2C:12-1, aggravated assault can include the following actions and more.
- Purposely or knowingly attempting to cause or causing serious bodily injury to another person
- Recklessly causing serious bodily injury to a person under circumstances manifesting extreme indifference to the value of human life
- Purposely or knowingly attempting to cause or causing bodily injury to another person with a deadly weapon
- Recklessly causing bodily injury to another person with a deadly weapon
- Committing simple assault (as defined below) against a law enforcement officer, firefighter, EMT, school administrator, or any government employee who is engaged in the performance of their duties
The same legislation outlines the offense of a simple assault, which is defined as the following.
- Purposely or knowingly attempting to cause or causing bodily injury to another person
- Negligently causing bodily injury to another person with a deadly weapon
- Using physical menace to attempt to put another person in fear of imminent serious bodily injury
These two offenses differ from one another in the severity of the offender’s actions as well as the outcome of the crime. The more severe the behavior or injuries inflicted, the more seriously the offense will be charged.
Note that the definition of aggravated assault extends beyond what is listed above. Refer to N.J. Legislative Statutes for more information.
What Are the Legal Repercussions for Each Type of Assault?
Simple and aggravated assault are also different when you consider the penalties associated with each offense. While the actual consequences you incur will vary depending on the details of your circumstances, below are the standard sentencing guidelines for assault in NJ.
Simple assault:
- Petty disorderly persons offense: Up to 30 days in jail and fines of up to $500
- Disorderly persons offense: Up to 6 months in jail and fines of up to $1,000
Aggravated assault:
- Fourth-degree crime: 3 to 5 years in prison and fines of up to $10,000
- Third-degree crime: 5 to 10 years in prison and fines of up to $15,000
- Second-degree crime: 10 to 20 years in prison and fines of up to $150,000
The penalties associated with a conviction can be severe, so having the right representation is imperative. Speak with a skilled lawyer at the Law Office of Boyd & Squitieri to set up your free consultation today.