Assault

Bodily Injury in an assault case is defined in our criminal code at 2C:11-1.

Bodily Injury means physical pain, illness, or any impairment of physical condition.

Significant Bodily Injury means bodily injury which creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses.

Serious Bodily Injury means 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.

If you are charged for assault, call me at 732-625-9661 to discuss the possible ways to defend against this charge.

No, battery is not a term used in New Jersey’s criminal code.

It is referred to as assault in NJ.

If you are charged with assault, call me at 732-625-9661 to discuss the possible ways to defend against this charge.

A second degree Aggravated Assault conviction has a mandatory state prison term in NJ of between 5 to 10 years.

Also, a second degree Aggravated Assault is subject to the No Early Release Act (NERA).

This is New Jersey’s 85{74bbbd36a4df8b83bd1805c8c4f34bcc3063e84848f392c2fd8bb03fcdaa883e} rule.

This means that a person convicted of a NERA offense has to serve at least 85{74bbbd36a4df8b83bd1805c8c4f34bcc3063e84848f392c2fd8bb03fcdaa883e} of the state prison term.

If you are charged with assault in New Jersey, call me at 732-625-9661 to discuss the possible ways to defend against this charge.

Since Simple Assault is a Disorderly Persons offense (Misdemeanor), the fine for a conviction is up to $1,000.00.

The jail term for a Simple Assault conviction is up to 180 days.

If you are charged for assault, call me at 732-625-9661 to discuss the possible ways to defend against this charge.

Simple Assault is a Disorderly Persons offense in New Jersey and is heard in Municipal Courts.

Simple Assault is an attempt to cause or purposely, knowingly, or recklessly causing bodily injury to another; or negligently causing bodily injury to another with a deadly weapon; or an attempt by physical menace to put another in fear of imminent serious bodily injury.

For example:

A fight entered into by mutual consent is a Petty Disorderly Person’s offense.

Self-defense and use of force for the protection of other persons are affirmative defenses of Simple Assault.

If you’ve been arrested for assault in New Jersey, call me at 732-625-9661 to discuss the possible ways to defend against this charge.

This question is extremely complicated. Necessarily, the ultimate answer to the question relates to whether the simple assault conviction resulted from an incidence of domestic violence. If so, according to N.J.S.A. 2C:58-3c, the simple assault conviction in the context of a domestic violence incident would act as a complete bar to receiving a firearms permit.

If the simple assault conviction is not domestic violence related, an individual is not prevented from applying for a firearms permit. This application would be reviewed by the chief of police in the municipality in which the individual resides, or the New Jersey State Police if the municipality did not have a municipal police department.

In such a circumstance, the chief of police or New Jersey State Police would be given discretion concerning approval of the firearms permit application.

It is a reasonable supposition that the firearms permit would be approved if the simple assault conviction were not domestic violence related. In the event that the chief of police or New Jersey State Police denied the firearms permit application because of a simple assault conviction that is not domestic violence related, the applicant would have a right of appeal to the Superior Court to challenge said denial.

Also, an individual with a prior simple assault conviction from three years ago could file a petition for expungement, which is governed by N.J.S.A. 2C:52-3, which sets forth that the simple assault conviction could be expunged after 5 years from the date of conviction, payment of fine, satisfactory completion of probation, or release from jail.

If you are interested in a gun permit and need a past NJ arrest expunged, give me a call at 732-625-9661 to discuss your options.