Fight Your Charges with an Essex County Assault Lawyer
All assault and threat crimes carry the potential for jail or prison time in New Jersey. If you have been charged with a crime under N.J.S.A. Section 2C:12-1, or if you are facing a police investigation related to an alleged assault or threat, you need to speak with an attorney as soon as possible. At The Gorman Law Firm, we are available 24/7, and we can make arrangements for you to discuss your case with Morristown and Essex County assault attorney Scott Gorman immediately.
Simple Assault and Aggravated Assault Under N.J.S.A. Section 2C:12-1
Section 2C:12-1 of the New Jersey Code of Criminal Justice separately defines the crimes of “simple assault” and “aggravated assault.” Assault is a disorderly persons offense, while aggravated assault can be prosecuted as a second, third or fourth-degree indictable offense in Essex County.
Under N.J.S.A. § 2C:12-1.a, a person is guilty of simple assault if he or she either: “(1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or (2) Negligently causes bodily injury to another with a deadly weapon.”
As defined under N.J.S.A. § 2C:12-1.b, the crime of aggravated assault can take a variety of different forms. For example, offenses that can be prosecuted as aggravated assault in Essex County include (but are not limited to):
- “Attempt[ing] to cause serious bodily injury to another, . . . caus[ing] such injury purposely or knowingly[,] or under circumstances manifesting extreme indifference to the value of human life recklessly caus[ing] such injury.”
- “Attempt[ing] to cause or purposely or knowingly caus[ing] bodily injury to another with a deadly weapon.”
- “Recklessly caus[ing] bodily injury to another with a deadly weapon.”
- “Knowingly[,[ under circumstances manifesting extreme indifference to the value of human life],] point[ing] a firearm . . . at or in the direction of another.”
- Committing a simple assault against a law enforcement officer, fireman, emergency medical technician (EMT), school employee, Division of Child Protection and Permanency (DCPP) employee, judge, bus driver, health care worker or Department of Corrections employee.
Making a Threat is Considered a Form of Assault Under N.J.S.A. Section 2C:12-1
Under certain circumstances, making a threat can be prosecuted as assault under N.J.S.A. Section 2C:12-1 as well. Threat crimes in New Jersey include:
- “Attempt[ing] by physical menace to put another in fear of imminent serious bodily injury,” which is a form of simple assault; and,
- “Knowingly [displaying or pointing] an imitation firearm . . . at or in the direction of a law enforcement officer with the purpose to intimidate, threaten or attempt to put the officer in fear of bodily injury or for any unlawful purpose,” which is a form of aggravated assault.
Schedule a Free Consultation with Essex County Assault Attorney Scott Gorman
With all assault and threat crimes carrying the potential for fines, incarceration and other consequences, anyone facing prosecution under N.J.S.A. Section 2C:12-1 must engage experienced legal representation. To discuss your case with Essex County criminal defense lawyer Scott Gorman in confidence, call 201-489-9199 or request a free consultation online now. Our offices are located in Essex County and Morristown.