Misdemeanor Assault Charges. An individual may also be charged with attempted simple assault if they tried to cause bodily harm to another or if they caused another person to fear imminent bodily injury. Assault vs. 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. Misdemeanor assault charges Threats of bodily harm and offensive or provocative physical contact constitute Class C misdemeanor charges in Texas. The recklessness involved a drastic deviation from reasonable behavior under those circumstances. 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. At Ellis Law, the criminal defense team understands the gravity of sexual assault charges and how the legal system treats sexual assault differently than other crimes. The individual engaged in conduct that was reckless. This is the most basic type of assault charge in Canada and can be prosecuted in two ways. 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. That person attempted to put another person in fear of serious bodily injury through physical menace. Assault Charges. The victim can file your complaint within two days only, and the prosecution happens within two days. Other assault charges that can be prosecuted under federal law are: Assault with intent to commit murder or felony : This is assault that is intended to kill another person. There are several different types of criminal assault typically recognized in most jurisdictions. The definition of consent, or the ability to give consent, varies by state. The smartest way to navigate any criminal defense process involving the courts is to hire a qualified Denver assault attorney with direct experience in a range of assault cases. Canada also has a three-tier system: assault, assault causing bodily harm and aggravated assault. Lawyers may choose to move to have the case dismissed if they can demonstrate that charges were not brought properly. The five main types of assault charges include: Assault and Battery; Rape and Sexual Assault; Domestic Violence; Negligent Homicide; Murder / Homicide; Regardless of which assault charge you are facing, it is critical to have a defense lawyer that you trust with your future and freedom. A conviction of fourth-degree assault by automobile charge increases jail time to 18 months. It is tried in county court with a district attorney prosecutor and is punishable by up to two years in county jail. The New Jersey criminal defense lawyers at Ellis Law help victims fight charges in and out of the courtroom. Even if the charges may be false or overexaggerated, defendants in sexual assault cases face the possibility of losing their freedom and having their careers and reputations ruined. However, most sexual assault cases are tried in state courts. Claiming Insanity or Mental Incapacity: Defendants who have a mental condition that prevents them from understanding the criminal nature of their actions may be able to claim insanity or mental incapacity. Sexual assault can take many forms, but the most widely known include rape, groping, or sexual abuse. In assault cases, this can lead to absurd situations where you can allegedly assault the victim and then live with them for years before being charged. No weapon is used normally in this simple assault. Misconception 2: You won’t be charged if they don’t want to press charges. A case involving negligent cause of simple assault is often accompanied by an additional charge of weapon possession for unlawful purpose. Under NJSA 2c:14-1, sexual assault is defined as the penetration in which physical force or coercion is used or in which a person is physically or mentally incapacitated. They can range from fines and probation to prison and the loss of the right to own a gun as a convicted felon. Since this is written into the statue, this type of sexual assault is also referred to as statutory rape. It expressly includes cases of female genital mutilation. DNA, hair, fingerprints, or other similar evidence may suggest that someone else committed the crime. If a third-degree assault by automobile charge is committed in a school zone, the charge is increased to a second-degree offense. It now includes various means of coercion beyond physical force. Different types of assault – such as GBH, ABH, common assault or battery – each relate to a different severity, ... Generally speaking, sentences for GBH are the most severe of all assault charges. Protection Orders; … 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 significant bodily injury is defined as an injury that creates temporary loss of function to a bodily member or organ. The legal system may consider the plaintiff’s character or behavior in deciding the issue of consent. On the surface, it appears the same as a petty assault, however, this Class 1 misdemeanor includes an “extraordinary risk” crime. Furthermore, laws are evolving with respect to the definition of force. This crime carries a fine of up to $500. In Canada, assault charges can mean different things based on the kind of charge and severity of the crime. A lawyer needs only to convince the jury that there is a reasonable doubt of guilt to get an acquittal. 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. 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. The inclusion of client reviews on this site does guarantee that your case, or any case, will have a similar result. Simple Assault. Here in Atlanta, an assault allegation involves an attempt to commit a violent injury. In the state of New Jersey, plaintiffs who are under 13 years old are always considered unable to provide 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. Privacy Policy | Sitemap. Visiting this website or contacting our law firm does not make Wolf Law LLC your legal counsel. An adult who is 18 years or older can be convicted of statutory rape if they have sex with someone under 16 years old, even if the plaintiff consented. Some states use the term sexual battery; in New Jersey, it is referred to as criminal sexual contact. The changing landscape of sexual assault law is another reason why it is important to seek professional legal counsel. This Class 1 offense is typically reserved for lower-level incidents. Without this understanding, it is virtually impossible to construct a successful defense. 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. In general, only the more serious sexual assault cases warrant federal charges. 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