New Jersey Criminal Defense Law Blog : New Jersey Criminal Defense Lawyer & Attorney : John Marshall Law Firm : Drug Crimes, Domestic Violence : Monmouth, Middlesex & Union Counties

A person is guilty of Simple Assault if he:

1. Attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another; or
2. negligently causes bodily injury to another with a deadly weapon; or
3. attempts by physical menace to put another in fear of imminent serious bodily injury.

A person is guilty of Aggravated Assault if he:

1. Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or
2. Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or
3. Recklessly causes bodily injury to another with a deadly weapon; or
4. Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm…; or
5. Commits a simple assault [on a law enforcement officer performing his duties, a fireman performing his duties, a first aid person performing his duties, a school board employ, a DYFS worker, or a Judge];
6. Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer in violation of subsection b. of N.J.S.2C:29-2 or while operating a motor vehicle in violation of subsection c. of N.J.S.2C:20-10. or
7. Attempts to cause significant bodily injury to another or causes significant bodily injury purposely or knowingly or, under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury; or
8. Causes bodily injury by knowingly or purposely starting a fire or causing an explosion in violation of N.J.S.2C:17-1...; or
9. Knowingly, under circumstances manifesting extreme indifference to the value of human life, points or displays a firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer; or
10. Knowingly points, displays or uses an imitation firearm, as defined in subsection f. of N.J.S.2C:39-1, at or in the direction of a law enforcement officer with the purpose to intimidate, threaten or attempt to put the officer in fear of bodily injury or for any unlawful purpose.

The potential penalties upon conviction for Simple Assault include up to six months in jail and/or probation, a fine of up to $1,000, a Victims of Crime Compensation Bureau Assessment of $50, a SNA of $75 and court costs. A domestic violence assessment also applies if the Simple Assault arises out of an incident of domestic violence.

The penalties for Aggravated Assault depend on the grade of offense charged. A Fourth Degree Aggravated Assault involves 0-18 months in jail. A Third Degree Aggravated Assault carries a maximum of 5 years of incarceration. And a Second Degree Aggravated Assault triggers 5 to 10 years of jail. The parole ineligibility under the No Early Release Act (“NERA”) also applies to any prison sentence imposed for aggravated assault. NERA mandates that an individual serve 85% of his term of imprisonment before being eligible for parole. The related maximum monetary penalties are $10,000, $15,000, and $150,000, respectively.