If you are facing assault charges in New Jersey, understanding the difference between the various degrees of charges is crucial. Work with a Mercer County assault defense lawyer for experienced representation during your case.

What is the Difference Between First- and Second-Degree Assault in NJ?

New Jersey state law does not categorize assault charges by numbered degrees as many other states do. Instead, the offenses are known as simple assault and aggravated assault. The various types of assault recognized by the state are found in NJ Statute 2C:12-1.

Simple assault occurs when an individual:

  • Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
  • Negligently causes bodily injury to another with a deadly weapon; or
  • Attempts by physical menace to put another in fear of imminent serious bodily injury.

A person can be found guilty of aggravated assault if the individual:

  • Attempts to cause serious bodily injury to another, or causes injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or
  • Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or
  • Recklessly causes bodily injury to another with a deadly weapon; or
  • Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm at or in the direction of another, whether or not the actor believes it to be loaded; or
  • Commits simple assault against any law enforcement officer, firefighter, medical service provider, or any other state worker when they are in uniform and performing their duties; or
  • Causes bodily injury to another person while fleeing or attempting to elude a law enforcement officer
  • 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.

There are several other actions that fall under the definition of aggravated assault, which can be located on the NJ legislature website linked above.

What Are the Penalties for Assault in NJ?

Besides the definitions of each offense, another way the two differ is in the penalties associated with a conviction. Simple assault can be charged as a petty disorderly persons offense or disorderly persons offense, depending on the details of the situation.

As a petty offense, you can face 30 days in jail and fines of $500. A disorderly persons offense will result in up to 6 months in jail and fines of up to $1,000.

Aggravated assault can be charged as either a fourth, third, or second-degree indictable offense. Each degree is punishable by the following.

Fourth-degree:

  • 3 to 5 years in prison
  • Fines up to $10,000

Third-degree:

  • 5 to 10 years in prison
  • Fines up to $15,000

Second-degree:

  • 10 to 20 years in prison
  • Fines up to $150,000

The penalties for assault can vary, so it is important to be adequately represented. Reach out to a skilled attorney today for more information.