If you’ve been accused of assault in New Jersey, you must understand exactly what that means in the eyes of the law. Many people are surprised by some of the elements of assault, which don’t necessarily line up with what they assumed.
For instance, it is assault when someone recklessly injures another person or when they attempt to do so. It does not necessarily have to be successful to be illegal. Merely attempting to injure someone is a violation of the law, and claiming that the other person didn’t suffer any injuries won’t necessarily shake those charges.
Similarly, you could be charged with assault if you try to physically menace another person and they have a genuine fear of imminent injury. If you threaten another person with injury and they believe you, even if you never go through with it, you may still have committed assault.
Aggravated assault
On top of that, when the person suffers a significant injury, you could be charged with aggravated assault. These injuries could be so serious that they are life-threatening, or the prosecution may think you showed extreme indifference.
In many cases, aggravated assault charges come from the use of a deadly weapon. Even if the other person survives their injuries, if a weapon – such as a firearm – was used in the assault, then it could qualify as aggravated assault.
What are your options?
All of these charges are very serious, and the specific charge you are facing will determine what defense tactics you use. If you have been arrested, make sure you are well aware of the legal options at your disposal.
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