What is assault and battery?

Posted November 21st, 2013 by .

Categories: Criminal Defense.

new-jersey-assault-abuse-attorney-anthony-carboneLet’s say you hate your boss. Really, hate your boss. You hate every rude remark he makes, every condescending statement, even his tie bothers you. Finally you just can’t take it anymore. His last comment went too far and you just snap. Against your better judgment, you just attack and start a fight.

Although this may be a fantasy for many of us, this can happen. What is it called and what will happen to you?

Well first, let’s explain what this is, which is assault and battery. Assault and battery have two different definitions. “Assault” means someone had to intend to hurt you, though there was no physical contact. “Battery” means not only does that person want to hurt you, but does physically harm you. In New Jersey (N.J. §2C:12-1), this kind of case can fall under two different types of assault:

  • Simple assault – The most basic of assault charges, you can receive this charge if you were: trying to cause injury to someone else; cause injury with a deadly weapon, or you were causing someone to fear their safety through menacing and intimidation. If the fight wasn’t series, the charge can be considered a misdemeanor and you can expect to receive up to six months in jail. However, if the fight was mutual action, you may receive only 30 days in jail.
  • Aggressive assault – This is more serious. You can receive this charge if you: were recklessly causing harm with a deadly weapon; attempted to cause bodily harm with a deadly weapon; purposely attempted to cause serious harm to someone, or pointing a firearm at someone in a reckless fashion. If you are charged with this crime, it is considered a crime in the fourth, third, or second degree and you can face up to 10 years in prison.

Moral of the story: don’t fight anyone. It’s better to walk away. However, if this should ever happen to you, you’re going to need a criminal defense attorney. Please contact us today and we’ll try to help you out.

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