";s:4:"text";s:15036:"According to New Jersey law, criminal liability is imposed for attempted conduct. Evidence obtained in this way may not be legally admissible. The Different Types of Assault Assault (s. 266) Simple or common assault is one of the most common and least serious form of assault charge in Canada. Marijuana DUI/DWAI Charges; Driving Under Suspension Charges; Fraud or Forgery Charges; Gun and Weapons Charges; Harassment Charges. A knowledgeable and experienced legal team will protect the rights of clients and secure positive results. According to New Jersey law, a person is guilty of assault if they do the following: The law defines bodily injury as any illness, physical pain, or impairment of the physical condition. A person acts with extreme indifference to the value of human life and knowingly points a firearm in the direction of or at another person, whether the person believes the gun to be loaded or not; this is considered a fourth-degree offense. Considering previous decisions of the court, including the disposition of the judge that will be hearing the case. Types of Assault Charges in Atlanta. DNA, hair, fingerprints, or other similar evidence may suggest that someone else committed the crime. In this case of a DWI accident resulting in serious injury to another person, the defendant faces five to 10 years in jail. Any Family Services and Division of Youth employee. Anticipating all possible arguments used by the prosecution. Assault or Self-Defense; Child Abuse Charges; Criminal Mischief Charges; Domestic Violence. City, The Bronx, Brooklyn, Manhattan, Queens, and Staten Island as well as all of Monmouth County, Ocean County, Middlesex County, The victim can file your complaint within two days only, and the prosecution happens within two days. Since this is written into the statue, this type of sexual assault is also referred to as statutory rape. Located in Freehold, New Jersey, we serve clients throughout East Brunswick, Toms River, Middletown, Jersey City, Neptune, Hudson County, Union County, Essex County, and Ocean County, as well as Brooklyn and New York City. The New Jersey criminal defense lawyers at Ellis Law help victims fight charges in and out of the courtroom. A simple assault charge could occur if that person acted knowingly, negligently, or recklessly. Simple Assault. Sexual assault, aggravated assault, and assault with a weapon are common types of assault charges. As a Denver criminal defense lawyer, I know that assault charges come in many different packages. An emergency first-aid responder or person in the medical services is acting within the realm of their duties. For example, the plaintiff may have been under the influence of alcohol and misidentified the actor. This crime carries a fine of up to $500. Battery. A lawyer must take many things into consideration to build a successful sexual assault defense. Herbert I. Ellis is responsible for the content of this website. It is tried in county court with a district attorney prosecutor and is punishable by up to two years in county jail. A person who acts with extreme indifference to the value of human life and purposefully or recklessly causes or attempts to cause significant bodily harm to another person; this is considered a third-degree offense. In Canada, assault charges can mean different things based on the kind of charge and severity of the crime. Even if a confrontation you had did not initially seem violent, it could be deemed an assault in certain circumstances. 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. Sexual assault involving penetration is a felony with a maximum 10-year prison sentence. Visiting this website or contacting our law firm does not make Wolf Law LLC your legal counsel. In the above situation where the simple assault is committed on the public official, the charge is a fourth-degree offense. An individual may be found guilty of simple assault in many different scenarios with regards to intent or purpose. Assault Types of assault charges and penalties “Common assault”: The basic assault charge Summary Offences Act 1981, s 9; Crimes Act 1961, s 196 If you’re charged with a basic assault charge – “common assault” – this can either be under: the… The legal system may consider the plaintiff’s character or behavior in deciding the issue of consent. In any case involving assault by automobile, hiring a criminal defense lawyer will be a person’s best chance for defense. 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. On the surface, it appears the same as a petty assault, however, this Class 1 misdemeanor includes an “extraordinary risk” crime. 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