Aggravated Assault at Rutgers University and Monmouth University

In New Jersey, aggravated assault is a serious offense with varying degrees of severity, depending on factors such as intent, the extent of injury inflicted, and the use of weapons. The state’s criminal code, specifically N.J.S.A. § 2C:12-1, outlines the different gradations of aggravated assault.

If the fight takes place on university grounds you could be facing disciplinary issues with the university as well.  This would be separate from the criminal case and could result in suspension or dismissal from school.  The school can do a separate proceeding for discipline where you could be asked questions about the incident. There is also the possibility of a racial or bias charges as well.  It is important to call the Law Office of Tara Breslow immediately after this happens so that your rights are protected. She will handle the matter and explain to you all the options and discuss a specific strategy.

Degrees of Aggravated Assault

There are several degrees of Aggravated Assault:

1. Second-Degree Aggravated Assault penalties are 5 to 10 years in jail:
   • Criteria: Attempting to cause, or purposely or knowingly causing, serious bodily injury to another person.
   • Definition: “Serious bodily injury” refers to injury posing a substantial risk of death or causing serious, permanent disfigurement or protracted loss or impairment of any bodily member or organ. 
2. Third-Degree Aggravated Assault penalties are 3 to 5 years in jail:
   • Criteria: Recklessly causing serious bodily injury to another person, or purposely or knowingly causing bodily injury with a deadly weapon.
   • Definition: “Bodily injury” involves physical pain, illness, or any impairment of physical condition.
3. Fourth-Degree Aggravated Assault penalties are 18 months in jail. 
   • Criteria: Knowingly pointing a firearm at another person, whether or not the actor believes it to be loaded, under circumstances manifesting extreme indifference to human life.

Simple Assault

In New Jersey, simple assault is governed by N.J.S.A. 2C:12-1(a). It is considered a lesser offense compared to aggravated assault but still carries serious consequences.

The Definition of Simple Assault in New Jersey Under New Jersey law,  occurs when a person:

1. Purposely, knowingly, or recklessly causes bodily injury to another person.
2. Negligently causes bodily injury with a deadly weapon.
3. Attempts by physical menace to put another person in fear of imminent serious bodily injury.

Penalties for Simple Assault

1. Disorderly Persons Offense (the most common charge):
   • Jail Time: Up to 6 months.
   • Fines: Up to $1,000.
   • Probation: Possible, depending on the circumstances.
   • Community service or anger management programs may be ordered.
2. Petty Disorderly Persons Offense:
   • If the simple assault occurred in a “mutual fight or scuffle,” it is downgraded to a petty disorderly offense.

Defenses to Assault

There are several defenses to assault charges, both simple and aggravated. The specific defense strategy depends on the circumstances of the case. Below are some common defenses:

1. Self-Defense
   • Definition: If the defendant reasonably believed that force was necessary to protect themselves from imminent harm, this may serve as a defense.
   • Limitations: The force used must be proportionate to the threat faced. Deadly force is only justifiable if there is a genuine belief of imminent death or serious bodily harm.
2. Defense of Others
   • Similar to self-defense, this applies when the defendant acted to protect another person from imminent harm. The same proportionality rule applies.
3. Defense of Property
   • A person may use reasonable, non-lethal force to protect their property or prevent theft. However, deadly force is generally

The specific charges and gradation depend on the circumstances of the incident, including the severity of injuries inflicted and the presence of any aggravating factors.

Contact Us

If you or someone you know is facing such charges, it’s crucial to consult with a qualified attorney who can provide guidance based on the specifics of the case. Ms. Breslow can help you if you or a loved one has been arrested for assault.