Types of Criminal Assault

Attorney Joseph Eustace

In New Jersey if you do not seriously injure somebody in an assault it is considered simple assault. For instance the penalty for simple assault is up to six months in jail and up to $1,000 file. Punching somebody, shoving them, that can be considered simple assault. If somebody is seriously injured or you assault a police officer, it’s elevated to something called aggravated assault and that’s heard down at the county because the penalties are greater than six months in jail. In fact, aggravated assault is up to five years in jail and I believe up to a $15,000 fine. And it can be even worse depending on the situation.

But assault can be -- a common situation is neighbors getting into a fight or, you know, somebody who is being chased by the police for whatever reason and then they punch the officer or something like that. Those are the differences. If you get in a fight with your neighbor and they are not seriously injured, you can be charged with simple assault. If you’re being chased by the officer and you punch him, it’s aggravated assault by statute based upon his position as a law enforcement officer.

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