Assault (N.J.S. 2C: 12-1-a)
Simple assault is a very serious offense with severe penalties that occurs when a person with unlawful justification applies force or physical contact to another person that results in bodily injury or offensive touching. Bodily injury is defined as physical pain, illness or any impairment of the physical condition. A charge of simple assault may also be written if a person acts with reckless disregard in creating a negligent risk of bodily injury to a person.
Aggravated Assault (N.J.S.2C: 12-1-b)
Aggravated assault may be issued by a Brick Township Police Officer when a person attempts to cause serious bodily harm to another with a deadly weapon. This crimes carries steeper penalties then simple assault and is a very serious offense. A variety of items may constitute a ‘deadly weapon.” In addition to guns and knives this offense also includes Items that although not typically thought of as weapons may qualify if they are used in a way such that it could cause serious bodily injury. For example, a brick or rock are not inherently violent weapons but when thrown could cause great bodily harm or death. In some instances you need not even actually hit the first with the deadly weapon to be convicted. If the deadly weapon is a gun one may be charged with aggravated assault even if they only point the weapon at another without firing. Whether the person the firearm is pointed at believes it is loaded is inconsequential.
Call the experienced Brick criminal defense attorneys of Villani & DeLuca for a free consultation at 732-965-3345.