Len´s Knives, Swords & Blades

Understanding Assault Charges in New Jersey

Has anyone in your circle of family and friends were charged with aggravated assault? Our legal system is very complex. It is sometimes difficult to determine how to establish the charges and what exactly constitutes the various levels of office. If you or someone you know, has committed a crime in New Jersey, you need to seek advice from a lawyer in New Jersey Criminal Lawrence.

Assault is a common burden – a person is charged with assault when he or she commits a violent crime against another person. As you might expect, there are several levels of assault based on the level of violence, and the intention of the person committing the assault. There are three types of assault charges:

Simple assault

A person may be guilty of simple assault if he / she:

• Attempts to cause bodily injury to another or knowingly or recklessly causes bodily injury;
• Negligence cause bodily injury to another with a deadly weapon, or
• Attempted physical threat to put another in fear of imminent serious bodily injury.

Assault Simple is often considered the disorder acts committed in a fight if the fight was ended by mutual consent.

Assault and battery

Assault and battery are actually two separate crimes, and as such, each can be charged and tried separately, either as a misdemeanor or felony. Assault is the attempt to injure a person by force or violence. Battery is different from an assault, because it is actually a harmful or offensive physical contact with the individual. Even contact unwanted physical can be considered battery. However, in most cases, the battery charges the result of the victim suffering an injury.

Aggravated Assault

Aggravated assault is defined by whether an individual's intentions toward the victim and the severity of the injury suffered by the victim. If a deadly weapon as a gun or knife is used in the attack, the charge of aggravated assault will almost certainly be applied.

As in the case of any offense, the burden of proof is on the prosecution. In the case of aggravated assault, the prosecution must prove:

• That the assault was committed with the intention of serious physical injury or damage;
• An instrument or deadly weapon was used in the assault;
• The victim's ability to resist was affected by the restrictions of any kind;
• The assault caused a temporary or permanent injury;

If the victim crime was a police officer, firefighters, EMT, teacher, tax, health care professional or any other person on official work, the charges of aggravated assault almost really apply.

Aggravated assault is a very serious charge and carries significantly heavier penalties than simple assault or assault and battery load. If a person is guilty of this charge, he or she will almost certainly face lengthy jail sentences.

If you or someone you know if indicted on charges of aggravated assault, the best option is to consult a criminal defense lawyer. A legal professional, especially an experienced NJ lawyer aggravated assault criminal lawyer, can help to understand the seriousness of these charges and the best defense.

About the Author

Samuel Louis Sachs, Esq. attended Trenton State College and the National Law Center of George Washington University, and graduated with honors.
He has served as a Municipal Public Defender, a Municipal Prosecutor, and as a Municipal Court Judge from 1989 to 1998. Since leaving the bench, his practice has been devoted to drunk driving, motor vehicle, and criminal matters.
Mr. Sachs was named Municipal Court Attorney of the Year for 2007 – 2008 by the New Jersey State Bar Association. To learn more visit his website at www.samsachs.com

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