New Jersey Law on Aggravated Assault
The circumstances surrounding charges for aggravated assault in New Jersey range from bar fights to domestic disputes. The most common charges for aggravated assault in NJ are contained in N.J.S.A. 2C:12-1(b), sections (1)-(3) which read in pertinent part:
§ 2C:12-1. Assault
b. Aggravated assault. A person is guilty of aggravated assault if he:
(1) Attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or
(2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or
(3) Recklessly causes bodily injury to another with a deadly weapon;
Under section (1), the charge is considered a second degree offense which involves between five (5) and ten (10) years in prison. Under section (2), the defendant is charged with third degree aggravated assault and is facing one (1) to five (5) years in prison. Under section (3), the defendant is looking at a fourth degree crime which involves up to eighteen (18) months incarceration if convicted. For the entire aggravated assault statute, please see "Aggravated Assault Statute: N.J.S.A. 2C:12-1".
The difference between aggravated assault and simple assault in New Jersey typically depends on the amount of force used and the injuries inflicted on the other party. In defending aggravated assault cases in New Jersey, I have found success asserting defenses such as self-defense and consensual fighting. Self defense is available if the defendant only used force in defending himself and did not use any force above and beyond which was necessary to maintain self preservation. Further, the defendant must have ceased this use of force once the threat was abated. Thus, if he or she continued to attack the other party after they were clearly defenseless, it will be much more difficult to utilize self defense as a viable defense.
Hello.I beat 1 man just punch in my flat.Now he is OK.I called in hospital and they came with police. Now I have Aggravated assault 3 part.And also I said that he did not beat me.And I dont know why they released me without bail.The first my case was in municipal court but now they change on state court. Question is what will with me and it is possible to change again in municipal court?.I am 22 this men is 70.Also we were drunk when it happened.I saw this guy few days ago and he said that he forgive me and will not go on court and doest need charges.
Hello. I was recently in a incident in i was standing in the road and i tried to stop a vehicle but he accelerated and tried to hit me. So i threw a rock @ the vehicle. am i guilty of anything since it was self-denfese?
I was recently sucker punched so iput the guy in a headock and threw him to the ground. While i ws on top of him his friend came across the yard and kicked me in my face. Then after the guy whom i was on top of got up he proceeded to kick me in the ribs while i was on the ground. I have a broken nose two broken ribs a concusion and a c spine fracture. However these two dipshits didint even get charge with anything yet. What should they get charge with andarent you not allowed to kick somone will they a defensless on the ground llet alone in the face???
A buddy and I were assaulted outside a local bar as we were leaving for the night...(by 5 guys) We faught back sent three to the hospital... We were arrested for aggrevated assault even though they were the ones that assaulted us and it was 5 against 2... I dont think its fair, and i dont think im guilty of anything... Am i protected by any self-defence laws?