South Jersey Assault and Threat Crime Lawyers
Experienced Defense Of Assault And Threat Charges in Camden, Burlington and Gloucester County, NJ
If you’re reading this right now, things probably aren’t going well for you. The only question is figuring out how bad things might be when facing assault and threat criminal charges. At Aydelotte & Scardella Law LLC we know too well what a stressful, anxious and confusing time this can be.
When it comes to assault and threat crimes, there is a wide range of charges you could be facing. These charges can be quite serious given that New Jersey considers them to be violent crimes, even if no one was physically hurt. Whether you find yourself in Municipal Court or Superior Court, the assault and threat defense attorneys of Aydelotte & Scardella Law LLC will be able to help.
We have years of experience dealing with the full spectrum of assault and threat crimes in New Jersey. From interning in a prosecutor’s office to clerking for a judge to defending our clients in court, the lawyers at Aydelotte & Scardella Law LLC have seen all courtroom perspectives.
Let us use our extensive experience to help you with your legal predicament.
Assault and Threat Crimes in New Jersey
There is a wide range of assault and threat crimes in New Jersey. What conduct constitutes an assault or threat can vary tremendously.
On one end of the spectrum, you can have a heated exchange of words. On the other end, you can have murder. Then there’s almost any threatening behavior or physical harm in between.
It’s almost impossible to identify every single assault and threat crime in New Jersey. Major potential threat and assault offenses include:
- Simple assault
- Aggravated assault
- Assault by auto
- Death by auto
- False imprisonment
- Criminal restraint
- Terroristic threats
- Disorderly conduct
- Resisting arrest
- Eluding a law enforcement officer
- Criminal homicide
There are many other potential criminal offenses that can be considered an assault or threat crime. However, some of the most common ones that our office sees are assault and disorderly conduct.
Disorderly Conduct in New Jersey
Disorderly conduct refers to “breach of the peace” type of behaviors. Specifically, it can consist of one of two forms of prohibited behavior.
First, there’s “improper behavior.” According to N.J.S.A. 2C:33-2(a):
“Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he or she:
(1) Engages in fighting or threatening, or in violent or tumultuous behavior; or
(2) Creates a hazardous or physically dangerous condition by any act which serves no legitimate purpose of the actor.
Second, disorderly conduct can include “offensive language.” N.J.S.A. 2C:33-2(b) describes:
“Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.”
Assault in Camden County, NJ
Assault is the injuring of another person, or attempting to injure them, when there is no acceptable legal defense for doing so. Depending on the facts of the assault, it can be either simple assault or aggravated assault.
An individual is guilty of simple assault if they:
- Attempt to cause bodily injury another; or
- Purposely, knowingly or recklessly cause bodily injury to another; or
- Negligently cause bodily injury to another with a deadly weapon; or
- Attempt by physical menace to put another in fear of imminent serious bodily harm.
An individual is guilty of aggravated assault if they:
- Attempt to cause serious bodily injury to another; or
- Purposely, knowingly or under the circumstances manifesting extreme indifference to the value of human life recklessly cause serious bodily injury; or
- Attempts to cause bodily injury to another with a deadly weapon; or
- Purposely, recklessly or knowingly cause bodily injury to another with a deadly weapon; or
- Knowingly point a firearm at another in a manner that under the circumstances manifests extreme indifference to the value of human life; or
- Commit simple assault against a certain class of individuals.
Simple assault against any of the following class of individuals acting in the performance of their duties can result in a charge of aggravated assault:
- A first responder
- A school official
- An employee of the Division of Child Protection and Permanency
- A judge or justice of New Jersey’s judicial system
- An operator of a passenger bus or train
- A Department of Corrections employee
- A utility employee
- A health care worker
The extent of the injuries, the intent when committing the assault, the type of victim and the use of a deadly weapon will determine if an assault is simple or aggravated.
Charged with a NJ Assault or Threat Crime?
You’re going through a troubling time right now. You’ve been charged with a serious crime. What do you do now?
Getting effective legal representation is critical to answering that question. That’s why you need to contact us at Aydelotte & Scardella Law LLC for your free 15-minute telephone consultation. During that time we can assess your situation and help you figure out what to do next.
It’s a confusing and scary time. Let us help you find your way.
Frequently Asked Questions About New Jersey Assault and Threat Crimes
Besides procedural defenses that could be raised, there will be two main substantive legal defenses against an assault charge.
First, there’s consent. If someone gives permission to another to cause bodily injury, then there cannot be assault. For example, two boxers who enter a ring for a boxing match are consenting to have the other try to cause bodily injury to the other.
Second, there’s self-defense. If someone were to attack you on the street and in the process of defending yourself you hurt them, you cannot be charged with assault.
A conviction for simple assault will usually result in a fine. Jail time is also possible. Jail time and the fine will not exceed six months and $1,000.
For aggravated assault, the exact penalty will depend on the degree of the charge. If a fourth degree assault charge, there is the possibility of up to 18 months in prison and a $10,000 fine.
A third degree charge could result in a $15,000 fine and three to five years in prison.
A second degree aggravated assault conviction provides for up to a $150,000 fine and between five and 10 years in prison.