In New Jersey, an assault occurs when a person injures or attempts to injure another person without legal justification. Assault can be charged as either a simple assault or an aggravated assault. The different levels of assault depend on several factors, including the seriousness of a victim's injury, whether the defendant used a weapon or object to cause an injury, and (in some cases) whether a victim is provided special protection by New Jersey law.
(N.J. Stat. Ann. § 2C:12-1.)
This article discusses aggravated assault. To read about simple assault, see Simple Assault in New Jersey.
New Jersey law defines a number of scenarios (listed below) that constitute aggravated assault. Many of them center upon a defendant attempting to cause or actually causing some level of bodily injury. In addition, the injury must have been caused either purposely, knowingly, or recklessly. Also, some of the scenarios focus on an injury caused when a defendant acted under "circumstances manifesting extreme indifference to the value of human life." Finally, many of them involve use of a deadly weapon. Because these factors underlie so many of the aggravated assault scenarios, the factors are explained below, before turning to the different scenarios.
Many aggravated assaults involve an attempt to cause or the actual infliction of an unjustified injury. The level of injury ranges from a simple "bodily injury" to a more severe "significant bodily injury" up to a "serious bodily injury." A bodily injury occurs when a victim suffers at least some physical – not mental – injury or pain. That is because New Jersey law defines bodily injury as "physical pain, illness or any impairment of physical condition." A significant bodily injury is a "temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses." Common examples include broken bones or being knocked unconscious. In contrast, a serious bodily injury creates a substantial risk of death, or long-term disfigurement or loss or impairment of an organ. Common examples include losing an eye or finger or suffering a permanent limp as a result of the injury.
(N.J. Stat. Ann. § 2C:11-1.)
A person causes an injury purposely when the person wanted the injury to occur.
(N.J. Stat. Ann. § 2C:2-2.)
A person causes an injury knowingly when the person is aware that his actions will almost certainly cause injury.
(N.J. Stat. Ann. § 2C:2-2.)
A person acts recklessly when he "consciously disregards a substantial and unjustifiable risk that" his actions will cause an injury. That means that a person is reckless when he is aware that his actions will likely cause the injury, but he just doesn't care.
(N.J. Stat. Ann. § 2C:2-2.)
This long legalistic phrase focuses not on a defendant's state of mind but instead upon on the circumstances under which the defendant acted. So, instead of considering whether a defendant acted knowingly, purposely, or recklessly, the extreme indifference standard asks whether a defendant's conduct resulted in a probability as opposed to a mere possibility of injury. By way of example, driving a car into a crowd of people would exhibit extreme indifference.
A deadly weapon includes not only traditional weapons like firearms and knives, but also any object or substance that, while not usually a weapon, can nonetheless be used in a way that is readily able to cause death or serious bodily injury. For example, using a heavy lamp or brick to hit someone would turn it into a deadly weapon.
(N.J. Stat. Ann. § 2C:11-1.)
In New Jersey, it is aggravated assault to:
(N.J. Stat. Ann. § 2C:12-1.)
A person who throws a bodily fluid at a Department of Corrections employee, county corrections officer, juvenile corrections officer, State juvenile facility employee, juvenile detention staff member, probation officer, any sheriff, undersheriff or sheriff's officer or any municipal, county or State law enforcement officer while in the performance of his duties or otherwise purposely subjects such employee to contact with a bodily fluid commits aggravated assault. If the victim suffers bodily injury, this shall be a crime of the third degree. Otherwise, this shall be a crime of the fourth degree.
(N.J. Stat. Ann. § 2C:12-13.)
The penalties for aggravated assault depend upon which type of aggravated assaulted a defendant committed. That is because the different types of aggravated assault are classified as different levels of crimes with varying penalty levels. Aggravated assault ranges from a lower level crime of the fourth degree to a higher level crime of the second degree. A defendant convicted of aggravated assault can be sentenced to a prison term or probation (or both), as well as fined and ordered to make restitution.
The length of a prison term, as well as the amount of a fine, depends upon the level of the aggravated assault conviction. A prison term in New Jersey is for a "specific term." That means that a judge has a range from within which to pick a term (for example, a defendant convicted of a third degree crime must receive a sentence of at least three years but no longer than five years. A judge could impose a three year sentence, or a five year sentence, or any amount of time within those limits). Fines and restitution also have maximum limits set by the Legislature, but a judge can order a higher fine not to exceed double the amount of loss suffered by a victim.
(N.J. Stat. Ann. § § 2C:43-3, 2C:43-6.)
A defendant convicted of a second degree crime can be sentenced to a prison term of between five to ten years, fined up to $150,000, or both.
(N.J. Stat. Ann. § § 2C:12-1, 2C:43-6, 2C:43-3.)
Conviction of a third degree crime carries a potential prison sentence of three to five years, a fine up to $15,000, or both.
(N.J. Stat. Ann. § § 2C:12-1, 2C:43-6, 2C:43-3.)
Conviction of a fourth degree crime carries a potential prison sentence up to 18 months, a fine up to $10,000, or both.
(N.J. Stat. Ann. § § 2C:12-1, 2C:43-6, 2C:43-3.)
Being charged with aggravated assault is a serious matter. You would be well advised to consult with an attorney having knowledge of the assault laws and penalties applicable in your particular case. A knowledgeable criminal defense attorney may be able to convince a prosecutor or jury that a defendant either did not have the state of mind necessary to cause an injury or at least did not cause a serious enough injury to merit being charged with aggravated assault. Also, because punishment varies depending on the facts underlying an aggravated assault, an experienced attorney may be able to paint a picture of the crime that results in lesser punishment.