- In New Jersey there are two different categories of assault which are aggravated assault and simple assault.
- Aggravated assault is dependant on the injuries to the victim or if a weapon was used; each aggravated assault is a felony and the facts/circumstances of the assault determine the degree of the charge.
- Aggravated assault cases are tried in the county where it occurred.
- Simple assault is a disorderly person’s offense, more commonly referred to as a misdemeanor
- Simple assault cases are heard in the municipal court or town court where the incident took place; it is not a felony charge.
- Simple assault charge carries a maximum penalty of 6 months in county jail
- In either event, contact an experienced attorney to discuss your case
In New Jersey there are two different distinct categories of assault. First, the more significant or more serious assault is aggravated assault. There are a variety of ways that someone is charged with aggravated assault depending upon the injuries to the alleged victim or if a weapon was used, but all fall under the category of aggravated assault. The significance of an aggravated assault charge is that each and every one is a felony. The facts and circumstances of your particular case and the assault subsection under which you are charged determine the degree of your aggravated assault charge. However, each will be heard in the county court where your assault allegedly took place.
Other individuals are charged with simple assault, which is a disorderly person’s offense more commonly referred to as a misdemeanor. Simple assault cases are heard in the municipal court or town court that your offense took place in. A simple assault is not a felony charge, so the individual charged with simple assault is facing much less significant penalties. A charge of simple assault carries a maximum penalty of six months in the county jail. However, most simple assault cases can be resolved to a much less significant sentence, if any sentence at all, depending on the position of the alleged victim in your particular assault case.
In either event, whether you’re charged with aggravated assault in any felony degree or simple assault in the State of New Jersey, you should immediately contact an experienced attorney to discuss your case. Although you may have originally been charged with aggravated assault, your case may have facts and circumstances that would allow an experienced New Jersey attorney to have your case downgraded or lessened in degree or moved all the way down to the municipal court in the town where your offense took place. Once you’re charged with an assault, contact an attorney to discuss the particular facts and circumstances of your New Jersey assault case.
Keith Hirschorn, P.C., is an experienced criminal defense attorney working throughout the state of New Jersey. If you have any questions regarding the merits, facts or circumstances of your case, call the law office, located in Hoboken, to set up a free initial consultation.