Assault generally covers the crime of hitting people or otherwise causing them injury. This is usually broken down into two types, with “simple” assault being the lesser crime and “aggravated” assault being the much more serious offense.
In New Jersey, aggravated assault can be charged when “serious bodily injury” occurs and the defendant had an “extreme indifference to” the victim’s life. However, other attacks that might involve lesser injuries are also charged if they involved a “deadly weapon” or firearm, whether certain protected classes of victims were involved, whether the crime occurred during flight from the police, or under other particular situations we will discuss below.
If you have been charged with aggravated assault, call the Atlantic City, NJ assault defense lawyers at the Law Offices of John J. Zarych today at (609) 616-4956 for a free case assessment.
Aggravated Assault Charges for Serious Bodily Injury in NJ
One of the most common ways that aggravated assault is charged is when the victim suffers serious injuries from the defendant’s alleged attack. N.J.S.A. § 2C:12-1 – the assault statute – specifically uses the language “serious bodily injury,” which is defined in a separate code section.
Under this definition, there must be a “substantial risk of death” for the injury to qualify, or else it needs to cause “permanent disfigurement” or “protracted loss or impairment.” This means that something like a bruise or mere pain is not enough to result in aggravated assault charges, and the charge should be downgraded to simple assault. For aggravated assault, the government usually needs to prove something like severe facial scars, strangulation that made the victim lose consciousness, loss of a limb or organ, or other injuries that put the victim in the ICU.
Aggravated assault is also charged for “significant bodily injury,” which involves temporary loss of a body part or sense. For example, one might think they could dodge aggravated assault charges if they chop off someone’s hand and it gets reattached since the injury would not be permanent. This section of the code is meant to close that loophole.
Additionally, one factor that our Egg Harbor, NJ criminal defense lawyers need to contend with for nearly any assault charges is that assault can be charged for an actual attack or an attempted attack. This means that attempting to strangle someone, for example, is charged the same as actually strangling them, potentially expanding aggravated assault charges to situations where no one was truly injured at all.
Another thing to note is that recklessness and indifference to human life can be the mental state required for aggravated assault; the attack does not need to be intentional if it meets this alternative high standard.
Aggravated Assault Charges for Use of a Weapon in NJ
As mentioned, aggravated assault usually requires “serious bodily injury,” contrasted with simple assault’s requirement for mere “bodily injury.” Additionally, either form of assault usually requires intentional actions. When a weapon is involved, either requirement can be turned down to a lower requirement, allowing charges for mere “bodily injury” involving a weapon or reckless injuries with a weapon.
Under several sections of the code, merely pointing a gun at someone can be aggravated assault, even without the gun going off. Firing the gun – whether intentionally or recklessly – can also be charged as aggravated assault if it causes injury.
“Deadly weapons” can encompass more than just a firearm, too. Poison – or anything slipped into someone’s food to make them seriously ill – could be considered a deadly weapon even though you do not actually need force to use the weapon. Other “deadly weapons” can include household or found objects like a baseball bat or tire iron as well as more traditionally dangerous items like a knife or axe.
Aggravated Assault Against Protected People in NJ
There are groups and people in society that the law wants to protect. One way the law does this is by upgrading what would otherwise be simple assault (i.e., intentional bodily injury short of “serious” injury) to aggravated assault if the victim falls into these particular classes. Keep in mind that these people and groups are only in the protected class while doing their jobs, so assaulting an off-duty doctor, for example, does not make it aggravated assault.
Police and Law Enforcement
Any law enforcement officers – whether local police, state police, sheriff’s deputies, FBI, or other officers or agents – are all protected under this law. This means that nearly any attack on an officer is upgraded to aggravated assault. Additionally, pointing a gun at an officer is aggravated assault, even if it is an “imitation firearm” and not a real gun (i.e., an airsoft, BB gun, or convincing-looking squirt gun).
Other First Responders
Firefighters – whether paid or volunteer – as well as anyone performing first-aid or EMT services are also protected.
School Employees
Teachers, bus drivers, and other staff and faculty at schools are in this protected class as well. This means that assault on a teacher is upgraded to a much more serious crime, which can be especially serious for juvenile charges.
Child Protection Employees
Workers from the Division of Child Protection and Permanency – i.e., what people might call “child protective services” – are protected as well. These upgraded charges might affect parents who use force to keep these services from taking their kids away.
Judges
Judges at all levels are protected while performing their duties.
Public Transit Drivers/Operators
Bus drivers, train operators, and other staff working for NJ Transit or other services are protected, too.
Corrections Officers
All corrections officers and Department of Corrections employees are protected, including actual prison guards, juvenile guards, parole and probation officers, sheriff’s department officers who transport prisoners, and so on.
Utility Workers
You cannot chase off people working on utility lines – i.e., power and cable lines – from your property without potentially committing aggravated assault against them.
Healthcare Workers
Doctors, nurses, and other caregivers are all protected, with some exceptions for psych workers (as they are listed separately).
Psychiatric Workers
Workers in psychiatric facilities are protected classes, but this only applies in cases where the actor is not a patient being treated at the facility. There is leeway for the unavoidable fact that many psych patients cannot control their actions and might assault their caregivers; that should not qualify as aggravated assault and usually is not a crime at all if they did not have the intent to attack anyone.
Aggravated Assault During a Police Chase in NJ
Lastly, aggravated assault can be charged if you hurt someone while fleeing/eluding officers or in a high-speed chase in a vehicle.
Call Our Assault Defense Lawyers in NJ Today
For help with your case, call (609) 616-4956 for a free case assessment with the Pleasantville, NJ criminal defense attorneys at the Law Offices of John J. Zarych.
