Criminal Battery in New Jersey
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Criminal Battery in New Jersey
When most people hear the words “Criminal Battery” they imagine two people fighting. Criminal Battery is an offensive touching of another individual without that individual’s consent.
In New Jersey, the act of Criminal Battery is prosecuted under the law of Assault. If you get into a fight and start throwing punches, you could be charged with Assault. However, you can also be charged with Assault for threatening to physically hurt someone.
These criminal charges sometimes fall under the category of Terroristic Threats.
Simple or Aggravated Assault?
Below you will find the New Jersey law regarding Simple Assault and Aggravated Assault.
If you don’t feel like reading “complicated and boring legal mumbojumbo”, check out this cool video on : “What’s the Difference Between Simple & Aggravated Assault?”
Under (NJSA 2C:12-1(a)
You can be charged with Simple Assault if you purposely, knowingly or recklessly caused, or attempted to cause, bodily injury to a person. You can also be charged if you negligently caused bodily injury with a deadly weapon, or if you physically menaced a person, so that they were in fear of imminent bodily injury.
Under (NJSA 2C:12-1(b)
You can be charged with Aggravated Assault if you commit Simple Assault while exhibiting an extreme indifference to the value of human life. Also, if you commit simple assault while using a weapon you could be charged with Aggravated assault.
There are more situations where you can be charged with Aggravated Assault, such as if you hit, or threaten to hit a police officer, or a utility worker, such as the cable guy.
Consequences & Penalties of Assault
In New Jersey, Simple Assault is either a Disorderly Persons Offense, or a Petty Disorderly Persons Offense.
Aggravated Assault will be charged as a First, Second, Third, or Fourth degree indictable crime, depending on the facts of the case. Click here to learn “How Are Crimes Graded in New Jersey?”
A conviction for Simple Assault, or Aggravated Assault will have serious effects on your life. It may mean you cannot apply for certain jobs or you may even lose your job. It may prevent you from attending the school you worked hard to get into. For non-citizens, a conviction may have serious consequences for their Immigrant Status.
The law of Assault is very complicated, so it is important that you get knowledgeable and experienced counsel.
As criminal law attorneys, we pride ourselves on our work and we devote ourselves to your defense.
Take advantage of our Free Consultation if you are charged with Simple Assault or Aggravated Assault. We are here to protect you.
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