In New Jersey, a simple assault is an attempt or harming someone physically. In New Jersey, it is considered a misdemeanor. That is why they can get fined hefty fines and even longer in jail.
The simple assault could be knowingly, recklessly, or through a wound. Its charges vary from $500 and 6 months of jail time to about $1000 and 18 months of jail time.
In this article, we have discussed every crucial aspect of New Jersey’s simple assault. So you need to move ahead and find out all the information.
What Is a Simple Assault In New Jersey?
In New Jersey, there are two types of assault: simple assault and aggravated assault. This article focuses on simple assault, which is defined as attempting to injure a person without legal justification or permission.
Conditions required for filing the simple assault charge
Put a look at some of the situations under which you may face simple assault charges.
1. Intentional attempt to injure someone
Simple assault charges in New Jersey could be filed against you if you intentionally wanted or, in reality, injured someone. There are several types of intentional attempts to cause a simple assault which we have discussed and they have different types of assault charges.
- Knowing Bodily Injury
When you know that your actions might cause injury to someone, but still, you continue and, as a result, physically harm the other person.
- Reckless Bodily Injury
It means you are reckless because you know that your actions could harm the next person. But without thinking about their safety, you proceed and finally hurt them. In this case, you will be fined under the reckless simple assault category.
- Bodily Injury With a Purpose
When you harm someone with a proper plan or purpose, a simple assault will fall under this category of charges.
2. Injure someone with a weapon
Here the word weapon does not mean traditional harmful weapons. Instead, it means anything which could use to injure someone physically with a broken bottle, a bat, or any routine tools, etc.
Accordingly, these weapons are named deadly weapons. When you use them for a simple assault in NJ, you will face simple assault charges.
3. Threatening Someone With Bodily Injury
The simple assault in New Jersey means any body illness, pain, or organ impairment. Thus concerning this definition, bodily injury means the victim suffers from physical illness. Besides physical illness, physical harm may also lead to stressful conditions of death.
Hence, if you did any of these conditions, you should be charged for the simple assault in New Jersey.
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Penalties For New Jersey Simple Assault
The simple assault in New Jersey is individual disorderly conduct. But it is considered petty disorderly conduct if it occurs due to a fight. But in either case, the simple assault Penalties in New Jersey vary from light fines to longtime jails. If the assault becomes a severe issue, you (the defendant) could be charged with jail time of about 18 months.
Having it in mind, let us know some possible penalties for a simple assault in NJ.
- If it is disorderly individual conduct, then you(the defendant) would be fined about $1000.
- If it is petty disorder conduct, you would be fined about $500.
- You (the defendant) could also be fined with restitution and a fine.
- You would not be allowed to purchase any traditional weapon.
- There would be a jail time of approximately six months to up to 18 months.
- You would be asked to carry out all of your court expenses.
- Sometimes, the defendants are charged with doing voluntary tasks.
- Even there are some cases when the defendant gets orders to attend anger-controlling lectures.
However, it may be helpful for you to know that not every defendant is sentenced to simple assault jail time. It varies from the defendant to defendant and also depends upon the seriousness of the case.
Defense Against Simple Assault NJ
Irrespective of the case type and seriousness, a professional attorney can help you get rid of these horrible situations. An attorney can not only prove helpful in providing solid presentations on your behalf, but they are also valuable in dismissing or dropping your case.
Here in the case of a simple New Jersey assault, your attorney can take some of the following practical steps to defend you.
1. File a motion
The first effective way of defending yourself against a simple assault is to file a motion stating the drop of your case.
2. Lack of probable cause
Suppose the prosecution has not enough evidence to support the assault charges against you. Then they would like to reduce or dismiss the case.
3. Minor injuries
Sometimes you are convicted of simple assault, but the victim is not that much injured. So, in this case, after a proper checkup of the victim, you will be defended against the charges if they have minor injuries.
4. First Offense
The prosecution may even want to know your criminal history. If it’s your first offense or you have not committed major crimes, then the simple assault charges may end against you.
Hence these are a few ways to defend yourself against the New Jersey simple assault charges.
See Also: How To Get Assault Charges Dismissed
1. Is it possible for a criminal defense attorney to remove the simple assault charges?
Yes, they can. But if they cannot drop the charges, they can at least reduce them.
2. Is simple assault considered a misdemeanor in New Jersey?
It is an individual’s disorderly misconduct in New Jersey. It could be called a misdemeanor in other states.
3. Can you go to jail for a simple assault?
If it’s your first offense, then you may not be sent to jail for committing simple assault.
Hi, I’m Brian Gary; I have my Doctor of Juridical Science (SJD) degree from SMU Dedman School of Law in Dallas. Over the years, I have dealt with many families and successful corporate Legal cases. I have counseled many people on legal matters, and along with my profession, I write about Law on my blog. Please feel free to contact me for counseling/case discussion; I’ll be happy to help you.