You’ll Want to Know This About Simple Assault Charges
Posted March 22nd, 2016 by Anthony Carbone, PC.
Categories: Criminal Defense.
If you follow local sports, you most likely remember when Rutgers football player Leonte Carroo was charged with simple assault. According to news articles, a former love interest accused Carroo of throwing her to the ground. A complaint was filed by University Police. However, the alleged victim stated that she did not wish to pursue the case. The matter was dismissed in municipal court. What does this all mean?
Understanding Simple Assault Charges under NJSA 2C:12-1A
New Jersey law details the requirements considered for simple assault charges. They are specified as follows:
- An individual attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
- Negligently causes bodily injury to another with a deadly weapon; or
- Attempts by physical menace to put another in fear of imminent serious bodily injury
Some of the language of the statute seems self-explanatory. Obviously, someone who intentionally hurts another can be charged with assault. Of course, there is the complicated issue of whether the assault is considered simple or aggravated. Aggravated assault is considered a greater crime as there is emphasis on the degree of the victim’s injuries. If the assault involved serious bodily injury, it is considered aggravated assault. The same is true if the assault involved purposeful, knowingly or reckless use of a deadly weapon. Aggravated assault charges may be further warranted if the assault is against someone like a police officer or firefighter.
To understand the difference, you might want to consider a bar fight. It might be that someone felt threatened when you swung a beer bottle at them and missed. This would be grounds for simple assault charges. However, if you sliced the individual’s face and caused them to require extensive plastic surgery, you could be facing more serious charges.
Prospective Penalties for Simple Assault Charges
Simple assault charges are heard in the local municipal court where the alleged crime occurred. There is no guarantee that the charges will be limited to simple assault. If the victim can show proof that his or her injuries are serious, charges can be elevated. This is among the many reasons that it is important to retain the services of an experienced attorney.
If you find yourself accused of simple assault, you could be facing jail time. There is a strong possibility that you will be assessed fines. You could be referred for anger management. If it is a domestic violence dispute, you risk the likelihood of a restraining order filed against you. These are just a few of the prospective penalties for simple assault.
If you are facing assault charges, you should consider legal representation. At the Law Offices of Anthony Carbone, we have substantial experience handling these matters. Contact us to schedule an appointment to see how we can help you.