What is considered assault in New Jersey?
An assault in New Jersey occurs when a person attempts to cause an injury or actually causes an injury to another person without justification under the law. Assault is usually charged as a simple assault or an aggravated assault.
What is considered assault and battery in New Jersey?
Assault and battery are technically considered different charges, but the application is in general the same in New Jersey. An individual being charged with assault and battery will typically face a charge of aggravated assault. Although a battery may have been committed, the charge is typically an assault charge. An assault does not require an actual touching of the other individual’s person; whereas a battery does require touching. New Jersey has removed these formalities and the charges fall under assault. A fist fight is considered criminal battery and assault. An assault charge is typically considered a misdemeanor and labeled as a disorderly person’s offense. However, that does not mean that it may not have significant ramifications against you in your potential job and job applications.
What is considered A & B with a deadly weapon in New Jersey?
Assault and Battery with a deadly weapon in New Jersey is an assault where an individual uses either a weapon like a knife or gun or it can include the use of any other type of instrument that could cause serious harm or death to an individual (i.e. baseball bat, stick, car, etc.)
What if the person who was injured drops the charges or if I am arrested for an assault charge?
In a criminal case in New Jersey, the State brings the case, not the accuser or the injured. Therefore, the person who has been injured may agree to have the charges dropped. But that does not mean that the actual case will be dismissed. The State of New Jersey will determine whether it still wants to go forward with the case against the accused.
If you are arrested, you should contact an experienced New Jersey Criminal Lawyer to discuss your rights and the charges against you. It is critical that you involve an attorney early in the process so that the attorney can properly defend your against the charges. Call Castronovo & McKinney now at 973-920-7888 to get immediate help or by filling out our confidential case evaluation form.