Unfortunately, you may find yourself getting involved in a confrontation with another person that turns physical. If law enforcement responds to third-party reports of this fight or scuffle, you may worry that accusations of assault or battery from the other involved person may soon follow. Well, with that being said, please follow along to find out whether you will be charged and punished with assault or battery and how a proficient Morristown criminal defense lawyer at Graves Andrews, LLC can help you evade any of these potential consequences.
How do I know if I will be punished for assault or battery?
Assault and battery may be used interchangeably in everyday conversations, but they carry distinct definitions under New Jersey law. On the one hand, you may be charged with assault if the following factors are relevant to your case:
- You purposefully, knowingly, or recklessly caused or attempted to cause bodily injury to another person.
- You negligently caused bodily injury to another person while using a deadly weapon.
- You attempted to use physical threats that put another person in fear of imminent serious bodily injury.
Of note, this simple assault may be upgraded to aggravated assault if there are circumstances pointing to your manifestation of extreme indifference to the value or human life; if your actions were made against a protected person; if you also recklessly obstructed the other person’s breathing or blood circulation; and other extenuating elements.
On the other hand, a battery charge is still taken seriously yet it may be considered less severe, with the following characteristics at play:
- You intentionally attempted harmful or offensive contact against another person without their consent; or,
- You made harmful or offensive contact against another person without their consent; or,
- Your harmful or offensive contact caused the other person physical or emotional injury.
What are the potential penalties for assault or battery?
Simple assault is categorized as a disorderly persons offense in New Jersey, which is a misdemeanor in other states. With this, you may face criminal penalties such as a jail sentence of up to six months and a fine of up to $1,000. Notably, these punishments may be heightened with an aggravated assault upgrade.
Contrastingly, battery may not be considered a criminal offense in the state of New Jersey. Therefore, it may be handled by the civil court instead. This is if the person you punched, slapped, kicked, punched, threw an object at, or otherwise wrongfully contacted decides to pursue a legal claim against you. Here, they may seek your payment of their medical bills, lost wages, and any other emotional damages they may have incurred as a direct result of the incident at hand.
Speaking with a lawyer is never a bad idea, even if you are still unsure whether you require legal representation for a criminal or civil court case. At the very least, they may serve as a shoulder to lean on or a listening ear. So when in doubt, please schedule an initial consultation with a talented Morristown criminal defense lawyer from Graves Andrews, LLC today.
