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What are the penalties for assault charges?

On Behalf of | Feb 4, 2025 | Criminal Defense

Assault charges in New Jersey can lead to serious consequences, depending on the severity of the offense. If you face an assault charge, understanding the penalties and potential defenses can help you navigate the legal process.

Simple assault penalties in New Jersey

Simple assault is a disorderly persons offense in New Jersey. This charge applies when someone causes or attempts to cause bodily harm to another person, or negligently injures someone with a deadly weapon. Engaging in threatening behavior that puts someone in fear of harm can also lead to a simple assault charge.

If convicted, you could face up to six months in jail and fines of up to $1,000. The court may also require community service or anger management classes. If the assault occurred during a mutual fight, the penalties may be reduced.

Aggravated assault penalties in New Jersey

Aggravated assault is a more serious charge and is classified as an indictable crime, similar to a felony in other states. This charge applies when someone causes significant or serious bodily injury, uses a weapon, or assaults certain protected individuals such as police officers, firefighters, or healthcare workers.

The degree of the charge depends on the circumstances:

  • Fourth-degree aggravated assault: Up to 18 months in prison and fines up to $10,000.
  • Third-degree aggravated assault: Three to five years in prison and fines up to $15,000.
  • Second-degree aggravated assault: Five to ten years in prison with a presumption of incarceration and fines up to $150,000.

Defenses against assault charges

Several defenses may help reduce or dismiss assault charges. Self-defense, defense of others, or lack of intent can play a role in your case. Challenging witness credibility and proving a lack of evidence may also weaken the prosecution’s argument.

Understanding your legal options

Assault charges carry serious consequences, but defenses exist that may reduce or eliminate penalties. Knowing your rights and the potential consequences of a conviction can help you make informed decisions.

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