How is Aggravated Assault Different from Simple Assault?
Some distinguishing elements of an aggravated assault charge include the purposeful causation of, or attempt to cause, serious bodily injury to another, or the cause of bodily injury to another with a deadly weapon in a purposeful or reckless manner. If found guilty of aggravated assault, one is convicted of an indictable criminal offense (also referred to as a felony in other states), ranging from the second to the fourth degree.
Two types of aggravated assault include:
Factors Advancing Simple Assault to Aggravated Assault
The difference between simple and aggravated assault is more than just a word. While simple assault is a disorderly persons offense, if you are facing an aggravated assault charge, you may have higher fines and jail time in your future. Factors that may advance a simple assault to an aggravated assault charge include:
- Whether a weapon was used
- If a weapon was used, what type of weapon it was
- What the victim was doing when the assault took place
- The level of injury to the victim
- The presence of witnesses who may have been negatively affected by witnessing the assault
- The ages of any such witnesses
- Where the assault took place
- The employment of the victim at the time of the assault
An Aggravated Assault Conviction can Hurt your Employment Opportunities
An aggravated assault charge can have a very harmful effect on your future. For example, if you are either employed or intend on becoming employed as a teacher or employee of a public school system in regular contact with students, a conviction for aggravated assault will result in your inability to obtain or retain employment, as this charge is a “disqualifying” offense barring an individual from employment within a public school system.
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Frequently Asked Questions
1. What is the legal definition of stalking in New Jersey?
Under stalking laws in New Jersey (N.J.S.A. 2C:12-10), stalking is defined as purposely or knowingly engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of a third person, or to suffer other emotional distress. New Jersey courts have increasingly recognized that this "course of conduct" includes repeated, unwanted digital interactions, such as excessive social media tagging or the use of GPS tracking devices without consent.
2. How many incidents are required for someone to face stalking charges?
To be charged with stalking, the state must prove a "course of conduct," which legally means two or more acts. These acts can include following the victim, appearing at their workplace, or sending unwanted gifts or messages. Law enforcement agencies are utilizing more sophisticated digital forensics to link multiple online accounts or "burner" phones to a single individual to establish this pattern of behavior.
3. What are the potential penalties for a stalking conviction?
Stalking is typically classified as a crime of the fourth degree, which can result in up to 18 months in prison. However, the charge is elevated to a third-degree crime—carrying 3 to 5 years in prison—if the stalking occurs in violation of an existing court order, such as a restraining order, or if it is a second offense. Following recent 2026 sentencing guidelines, judges are also more likely to impose permanent "no-contact" orders as a mandatory condition of any sentence.
4. Can I be charged with stalking if I never physically approached the person?
Yes. Modern stalking laws heavily account for "cyberstalking." If you use electronic communication to engage in a pattern of behavior that causes a reasonable person to fear for their safety, you can face the same stalking charges as someone who physically follows a victim. A criminal defense attorney can often defend these cases by analyzing whether the communications were truly threatening or if they fall under protected speech or a misunderstanding.
5. What is a Stalking Restraining Order?
In addition to criminal penalties, a victim of stalking can seek a civil restraining order. While many people think of these in the context of domestic violence, New Jersey also allows for "Sexual Assault Survivor Protection Act" orders or stalking-specific restraints even if there was never a romantic relationship between the parties. These orders are often integrated with digital "geofencing" protections that alert authorities if a defendant's tracked devices enter a certain radius of the victim.
Call Villani & DeLuca Today for a Free Consultation
If you are facing a stalking or cyberstalking charge in the state of New Jersey, it is important to contact a qualified attorney to help protect and defend your rights. The experienced criminal defense attorneys of Villani & DeLuca, P.C. will review all the facts of your case to determine if you have a viable defense. Call (732) 709-7757 today for a free initial consultation. We represent clients facing criminal charges throughout Ocean and Monmouth County New Jersey.