Have you been charged with assault? That is a serious offense for which you need an experienced New Jersey criminal defense lawyer to represent you. Mark Catanzaro fights for his clients who face these charges and wants to clear their names. Don’t hesitate to contact him for more information if you have been charged with assault.
Simple vs. Aggravated Assault – What’s the Difference?
In New Jersey, assault is when a person injures another or attempts to injure another without a lawful reason to do so. There are two categories of assault: Simple Assault and Aggravated Assault.
Simple assault is a lesser charge than aggravated. In order to convict a defendant of simple assault, the prosecution must prove one of the following acts:
- The attempt to purposely, knowingly, or recklessly cause bodily injury to another person
- The negligent infliction of bodily injury to another person using a deadly weapon
- The attempt to cause imminent fear of serious bodily injury to another person through physical menace
- The causing of bodily harm by a fight mutually entered into by both parties
This type of offense is a disorderly persons offense. The maximum penalty for a disorderly persons offense is six months of jail time and $1,000 in fines. If you have a skilled New Jersey criminal defense lawyer, there’s a chance that he could get your charges lessened to a minor petty offense.
Aggravated assault is a more serious offense and requires the presence of aggravating factors. Examples of such factors include:
- Causing harm to a school employee
- Causing harm to a law enforcement officer or corrections officer
- Extreme indifference to human life
- Using firearms such as semi-automatic rifles, pistols, and shotguns
If you’re charged with aggravated assault, it will be a major priority of your New Jersey criminal defense lawyer to have your charge downgraded to simple assault, or lower if possible.
Your New Jersey criminal defense lawyer will develop a defense strategy based on your particular case. If using a self defense argument, he will have to show that it was reasonable to believe that the use of force was immediately necessary to protect yourself against an aggressor. But your use of force cannot be disproportionate to the threat of harm you are facing.
Mark Catanzaro – the New Jersey Criminal Defense Lawyer You Need on Your Side
Don’t hesitate to contact the office of Mark Catanzaro if you need to speak with a New Jersey criminal defense lawyer about your assault case. Call today to set up a free consultation.