Committing an act of assault is a crime taken seriously across the United States. Under New Jersey law, an aggravated assault conviction is accompanied by a slew of penalties. The degree of offense you are charged with and therefore the severity of the consequences you receive will vary depending on the specific circumstances of your case. For more information on New Jersey state law and legal representation, reach out to a Bergen County, New Jersey assault lawyer.
Is Aggravated Assault a Misdemeanor or Felony?
In New Jersey, aggravated assault is considered an indictable offense. An indictable offense is the state’s term for a felony charge. Simple assault is considered a misdemeanor and does not include the use of a deadly weapon. Because of the severity of the consequences of an aggravated assault, the penalties are much harsher.
Aggravated assault does not have one simple definition in terms of New Jersey state law. Each of the following situations can result in a felony aggravated assault charge.
- Causing or attempting to cause someone bodily harm
- Causing or attempting to cause someone bodily harm with a deadly weapon
- Recklessly injuring someone with a deadly weapon
- Aiming a firearm at someone
- Aiming either a real or fake firearm at a police officer
- Assaulting a police officer, firefighter, EMT, teacher, or other similar official person
- Injuring someone with fire/explosives
- Causing injury when evading a law enforcement officer or committing an act of theft
- Seriously injuring someone due to negligence or recklessness
Simple assault can also be charged as a felony depending on certain factors. If you assault a law enforcement officer or first responder while they are working on official matters or a person who is more vulnerable than the average, you may be charged with a felony offense even if it was a simple assault.
What Are the Penalties?
The penalties for a felony aggravated assault charge will vary depending on the degree of the offense. In New Jersey, a court will typically recognize three degrees of aggravated assault. Those degrees and their associated penalties include:
Fourth degree:
- Jail sentence of up to 18 months
- Fines totaling up to $10,000
- Probation
- Mandatory community service
- Mandatory anger management classes
- Restitution
Third degree:
- Jail sentence of 3 to 5 years
- Fines totaling up to $15,000
- Probation
- Mandatory community service
- Mandatory anger management classes
- Restitution
Second degree:
- Jail sentence of 5 to 10 years
- Fines totaling up to $150,000
- Probation
- Mandatory community service
- Mandatory anger management classes
- Restitution
These are standard or general consequences for each offense, so the actual penalties that you incur may vary. The type of weapon used, who you assaulted, and the extent of the injuries that resulted from the assault are all factors that can impact the severity or leniency of a court.