According to NJSA 2c:14-2, aggravated sexual assault is an act of sexual penetration committed with another person under any of the following circumstances: The wording of the law is gender neutral, using the terms “actor” and “plaintiff” to describe the individuals involved. Tried in district court with a DA prosecutor, first-degree assault carries a mandatory 10 to 32 years in prison. Since this is written into the statue, this type of sexual assault is also referred to as statutory rape. Even if a confrontation you had did not initially seem violent, it could be deemed an assault in certain circumstances. Of course, the penalties for assault vary as widely as the different types of assault. Assault charges in Texas often result in substantial fines and sometimes time in jail. If the assault by automobile charge involves driving under the influence (DUI) of alcohol, then the charge is much more serious. Sexual assault, aggravated assault, and assault with a weapon are common types of assault charges. In general, only the more serious sexual assault cases warrant federal charges. An individual may be found guilty of simple assault in many different scenarios with regards to intent or purpose. They can range from fines and probation to prison and the loss of the right to own a gun as a convicted felon. A lawyer needs only to convince the jury that there is a reasonable doubt of guilt to get an acquittal. If the plaintiff is young, some defendants may want to argue that they thought the individual was older. Simple Assault. Being the most basic kind of assault charge in Canada, simple assault can be persecuted in two ways. Furthermore, laws are evolving with respect to the definition of force. Sometimes what seems to be a petty crime on the surface is actually a serious felony. Keep reading to find out what the different types are and how they are penalized. Broadly speaking, sexual assault is typically characterized by the act of penetrating some part of the body. There are both indictable offense sentences and summary conviction. If the assault by automobile results in serious bodily injury to another person, the crime is considered a fourth-degree offense. Felonious assault is an unlawful attack or attempted attack, accomplished through force or violence, that causes physical injury to another person. A fourth-degree simple assault charge carries a maximum penalty of 18 months in jail, while a third-degree simple assault charge carries up to five years in jail. Assault on a family member (first offense) is a Class A misdemeanor, punishable by up to 1 year in jail and a $4,000 fine. If the assault in the above situation results in bodily injury to the public official, the charge is a third-degree offense. Violent crime offenses are serious charges that carry heavy penalties. If a third-degree assault by automobile charge is committed in a school zone, the charge is increased to a second-degree offense. Some states use the term sexual battery; in New Jersey, it is referred to as criminal sexual contact. Assault: The Basic Definition. Types of Assault On A Family Member Charges. Complaints and indictments of aggravated assault can occur in many different situations. In the above situation where the simple assault is committed on the public official, the charge is a fourth-degree offense. Typically, an assault begins as a Class A misdemeanor in cases … If a child dies because of sexual abuse, the case may also be tried in federal court. The charges will depend on the specifics of the assault in question, as well as the people involved, the attacker’s criminal record, and more. This type of assault involves the use of weapons and/or serious injury. Petty assault is punishable by up to a year in county jail. Sometimes people don’t understand the difference between assault or self-defense. Evidence obtained in this way may not be legally admissible. If the assault was committed in a fight that both parties entered into with mutual consent, the assault is considered a petty disorderly persons offense. This field is for validation purposes and should be left unchanged. Assault vs. Law enforcement is acting within the realm of their duties. If the actual or attempted physical contact as defined by bodily injury occurred to a greater extent, it is considered a serious bodily injury. In a simple assault case where the intended victim of the assault is a public official or police officer, the offense is considered an indictable felony charge. In most assault crimes, the legal system automatically assumes that the plaintiff did not consent. Types of Assault. Without this understanding, it is virtually impossible to construct a successful defense. Depending on the severity of the charge, automobile assault can carry penalties, such as serious fines and even jail time. Every state in the country maintains a sex offender registry and notification program. Sexual assault crimes in New Jersey fall under the following categories: New Jersey uses the term sexual assault to describe the act of rape. If the victim dies, felony assault charges may be upgraded to voluntary manslaughter or even second-degree murder. Sexual assault involving penetration is a felony with a maximum 10-year prison sentence. Assault is usually associated with physical violence, but assault charges can actually encompass much more than fights or physical attacks. It is another crime to assault a person with the intent to commit another felony, such as pointing a gun at someone to rob them. The information on this website is not legal advice and is not intended as legal advice. A skilled criminal defense lawyer can help a client who is accused of assault by automobile. 87 South Street Freehold, NJ 07728 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, 14 Tindall Road Middletown, NJ 07748 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, 3535 Route 66 Neptune, NJ 07753 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, Turnpike Plaza, 197 Route 18 Unit 100 East Brunswick, NJ 08816 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, 75 Montgomery Street Jersey City, NJ 07302 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, 425 59th Street West New York, NJ 07093 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, 1386 RT 9 S Toms River, NJ 08753 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, 645 Elizabeth Ave., Elizabeth, NJ 07206 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, 2 Broad Street Suite 606 Bloomfield NJ 07003 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, 233 Broadway, Suite 300 New York, NY 10007 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, 107 Smith Street Brooklyn, NY 11231 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com. First, a summary conviction which is considered to be a less severe type can be processed directly by a judge without needing to arrange a jury or declaring a jail sentence for the defendant. It now includes various means of coercion beyond physical force. Individuals convicted of sexual assault must typically undergo psychological treatment while serving time in prison or when they are on probation. A person recklessly causes bodily injury to another person with a deadly weapon; this is considered a fourth-degree offense. It is tried in county court with a district attorney prosecutor and is punishable by up to two years in county jail. As the most serious form of assault, the consequences reflect this. A person attempts to cause or purposefully causes bodily injury to another person with a deadly weapon; this is considered a third-degree offense. There are several different types of charges that fall under ‘assault and battery’, all of which come with varying levels of punishment. This Class 3 felony involves both serious bodily injury and the use of a deadly weapon. For example, the legal trend is toward viewing sexual assault more broadly as unwanted bodily invasion rather than just a traditional definition of rape. Carefully reviewing and analyzing all circumstances of the case. Sexual Assault with Bodily Harm/Threat/Weapons This is a severe version of sexual assault. When this occurs, assault charges often follow. From misdemeanors to felonies, the range of crimes that fall into the assault category is vast. For example, the plaintiff may have been under the influence of alcohol and misidentified the actor. Assault charges can range from a Class C misdemeanor, which only results in a fine, all the way to the possibility of life in prison from a 1st Degree Felony. If guilt appears obvious, a lawyer may seek to have the penalties reduced. We cannot guarantee a specific outcome in any case. Assault doesn’t require physical contact, but it requires more than just words in Georgia. A person convicted of aggravated sexual assault can receive a sentence of up to 20 years in prison. The maximum jail time is 30 days if the charge is for consensual fighting. The U.S. Supreme Court has ruled that both state and federal courts can try and judge the same crime for different violations. On the surface, it appears the same as a petty assault, however, this Class 1 misdemeanor includes an “extraordinary risk” crime. Any Supreme Court Justice, Superior Court Judge, Tax Court, or Municipal Judge. It expressly includes cases of female genital mutilation. The specific circumstances of the case will determine the optimal course of action. Criminal Protection or Civil Restraining? An individual may be found guilty of simple assault in many different scenarios with regards to intent or purpose. Domestic Violence Charges FAQ; Domestic Violence Against Men; Drug Charges; DUI and DWAI Charges. In this situation, a person must inflict bodily injury using a deadly weapon with the understanding of a substantial risk of injury. The legal system may consider the plaintiff’s character or behavior in deciding the issue of consent. Negligent simple assault arises from a situation involving a deadly weapon, such as any firearm or weapon, device, instrument, material or substance, which is used or is intended to be used to cause serious bodily injury. A person knowingly or purposefully causes or attempts to cause bodily injury to another person, or they recklessly cause such an injury with extreme indifference to the value of human life; this is considered a second-degree offense. A case involving negligent cause of simple assault is often accompanied by an additional charge of weapon possession for unlawful purpose. If a person has been arrested and charged with aggravated assault in New Jersey or New York, they need a skilled lawyer to protect their rights. In some regions, domestic assault applies to people who have a child in common even if they never lived as a couple, and couples who are in a romantic or … The degree of force or coercion alleged will influence the severity of criminal charges. Many states also have laws against conduct that is sexual in nature but does not involve penetration if the act occurs without the plaintiff’s consent. Third-degree assault. Since assault charges come in different forms depending on the circumstances, it’s vital to know the difference between misdemeanor or third-degree felony simple assault and aggravated assault. Second-degree assault. City, The Bronx, Brooklyn, Manhattan, Queens, and Staten Island as well as all of Monmouth County, Ocean County, Middlesex County, This is the most basic type of assault charge in Canada and can be prosecuted in two ways. These are very serious offenses and having a skilled and experienced lawyer is crucial. In this case of a DWI accident resulting in serious injury to another person, the defendant faces five to 10 years in jail. Don’t hesitate to call Wolf Law today at (720) 321.9678. Charges of sexual assault are always serious. This includes the following: After weighing all these factors and more, a lawyer will then chart the best course of action, which may include a move to have the case dismissed, settlement out of court, and seeking full exoneration in the courtroom. Misconception 2: You won’t be charged if they don’t want to press charges. However, most sexual assault cases are tried in state courts. Second, an indictable offence is a more severe kind of a simple assault that requires more formal … Assault Charges. Evaluating all possible arguments for defense. Visiting this website or contacting our law firm does not make Wolf Law LLC your legal counsel. The plaintiff is at least 13 years old, but less than 16 years old, and the actor has supervisory or disciplinary power over the plaintiff. In the state of New Jersey, plaintiffs who are under 13 years old are always considered unable to provide consent. This can mean the difference between months or years in prison or serving at least part of the sentence in probation. The types of acts that fall into the category of assaults can vary widely, ... assault. A person who is assaulted can sue the attacker in civil court for medical expenses, lost wages, and in some jurisdictions, punitive damages designed to punish the attacker. Through their legal, occupational, or professional status, the actor has disciplinary or supervisory power over the plaintiff. If a crime is serious enough to be tried in federal court, it is likely to be tried in state court as well. The penalties for such a conviction can include fines of up to $1,000, court-ordered probation, and costs, such as a Safe Neighborhood Assessment, VDDB Assessment, or a domestic violence surcharge ranging from $50 to $100 or up to six months in jail. They differ dramatically in their potential punishments, so it is important to understand exactly what you have been charged with. This Class 1 offense is typically reserved for lower-level incidents. Battery. Assault by automobile where the conduct results in bodily injury to another is a disorderly persons offense in the state of New Jersey. Anticipating all possible arguments used by the prosecution. Herbert I. Ellis is responsible for the content of this website. This field is for validation purposes and should be left unchanged. Sometimes, it is possible to have evidence thrown out altogether, such as when an undercover police officer is posing as a minor on the internet and the defendant engaged in online conversations. It may be possible to use social media check-ins, text messages, phone call records, credit card receipts, or other time-stamped data to establish an alibi. Ellis Law, P.C., are based in Freehold, New Jersey and have offices throughout New Jersey and New York. In all cases, lack of consent turns the act into a crime. Contrary to conventional usage in everyday conversation, assault in a legal sense is not an actual attack on another person. Types of Assault Ontario Impaired Driving Trial Lawyers, DUI Attorneys Privacy Policy | Sitemap. Under English law, there are three main types of Assault: Common Assault, Actual Bodily Harm (ABH) and Wounding / Grievous Bodily Harm (GBH). A knowledgeable and experienced legal team will protect the rights of clients and secure positive results. There are several different types of criminal assault typically recognized in most jurisdictions. The act of violence may seem like a simple incident specifically during the time in which it takes place, but once things escalate and you get a glimpse of the consequence, that’s when it starts to become real. Even if the actor and the plaintiff engaged in prior consensual acts, it can be difficult to prove without a doubt that this particular act was also consensual. For this reason, it is important to call us at 732-308-0200 or complete our online form for a free consultation today. Felonies typically involve penetration, use of force, and bodily injury. The actor uses physical force or coercion and the plaintiff sustains severe. Understanding the different types and levels of criminal assault is crucial to understanding what assault can mean for the accused perpetrator and what the potential punishment could be. 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