Q: Is it true if a simple assault happens with a minor child present it is an aggravated assault?
A:
The filing of a criminal complaint against you for assault (simple or aggravated) in NJ can also result in the filing of a domestic violence complaint against you for assault ( simple or aggravated)
As to the term “assault”, it occurs when a person causes, or attempts to cause, bodily injury to another. Simple assault is a disorderly person’s offense (misdemeanor) and Aggravated assault occurs when a person causes, or attempts to cause, a serious bodily injury or, with the use of a deadly weapon, a non-serious bodily injury results.
Under our domestic violence laws, there are 19 separate grounds for someone to file a domestic violence complaint (which is separate from the filing of a criminal complaint arising out of the same incident):
1. Harassment (N.J.S.A. 2C:33-4)
2. Assault (N.J.S.A. 2C:12-1)
Simple or Aggravated
3. Terroristic threats (N.J.S.A. 2C:12-3)
4. Criminal mischief (N.J.S.A. 2C:17-3)
5. Criminal restraint (N.J.S.A. 2C:13-2)
6. False imprisonment (N.J.S.A. 2C:13-3)
7. Burglary (N.J.S.A. 2C:18-2)
8. Criminal sexual contact (N.J.S.A. 2C:14-1, 2C:14-3)
9. Sexual assault (N.J.S.A. 2C:14-1, 2C:14-2)
10. Kidnapping (N.J.S.A. 2C:13-1)
11. Stalking (N.J.S.A. 2C:12-10, 2C:12-10.1)
12. Lewdness (N.J.S.A. 2C:14-4)
13. Criminal trespass (N.J.S.A. 2C:18-3)
14. Homicide (N.J.S.A. 2C:11-1 to 2C:11-4)
15. Criminal Coercion (N.J.S.A. 2C:13-5)
16. Robbery (N.J.S.A. 2C:15-1)
17. Contempt of a domestic violence restraining order (N.J.S.A. 2C:29-9)
18. Cyber-harassment (N.J.S.A. 2C:15-1) or
19. Any other crime involving risk of death or serious bodily injury
A: If charged speak with a lawyer, most of us criminal lawyers offer a free in office consultation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
