NJ Criminal Defense FAQ | See also: NJ DWI FAQ
Q) What is the difference between simple assault and aggravated assault?
A) Assault occurs when a person causes, or attempts to cause, bodily injury to another. An assault charge can be classified as either simple assault or aggravated assault, depending on the manner in which the injury was caused and the seriousness of the injury. Simple assault, being the least severe, is a disorderly persons offense (misdemeanor) in New Jersey.
Aggravated assault is committed when a person commits the offense resulting in serious bodily injury, or when a deadly weapon or dangerous weapon is used and the act results in bodily harm. In such cases, the assault often involves the intent to commit harm while interfering with another's official duties or causing injury to a family member or bystander. The New Jersey legislature defines a “serious bodily injury” as a bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Depending on the circumstances, an aggravated assault can carry penalties of up to 20 years in prison.
Aggravated assault can be a crime (felony) of many degrees, depending on how the person commits the offense and the resulting bodily injury caused.
Villani & DeLuca P.C. are experienced Criminal Defense attorneys. Call (732) 709-7757 for a Free phone consultation.