Understand Simple and Aggravated Assault

While “assault” is a crime of violence recognized by every U.S. state, different states treat assault differently. Some state statutes define assault as intentional force or violence used against someone else, such as hitting, shaking, or slapping. Others include not only actual acts of force or violence but also behavior that causes a person to fear imminent violence or harm. For instance, raising a fist against someone else might count as assault in these states, even if the person who raises their fist does not actually hit the other person.

Defending Against All Types of Assault Charges in New Jersey

When assault includes placing someone in fear of violence, that fear must not only be genuine, but reasonable under the circumstances. In other words, the victim must actually be afraid, and a reasonable person in the victim’s shoes must also find the action fear-inducing.

While simple assault typically involves only minor injury or a limited threat of violence, aggravated assault is more serious. Aggravated assault charges may be brought when injuries are extensive, a weapon is used to cause or threaten harm, or the assault affects a member of a protected class, like a police officer, healthcare provider, or a disabled or elderly person.

Some states classify aggravated assault with a deadly weapon as its own category of criminal charge. While state definitions of “deadly weapon” vary, they typically require a deadly weapon to be something that can cause death or great bodily harm. Under this definition, items like guns and knives are deadly weapons, but items like heavy boots or even rocks can also be classified as deadly weapons.

Atlantic City Assault Charges Attorney Defending Clients In Atlantic, Cape May County, & Throughout South Jersey

Attorney John W. Tumelty is a New Jersey Supreme Court certified criminal trial attorney. If you’ve been charged with a crime, don’t hesitate to contact The Law Offices of John W. Tumelty today. Our Mamora office can be reached at 609.390.4600; Ocean City at 609.385.4221; and Wildwood/Somers Point at 609.277.2786. Or send us an email via our online contact form.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.