New Jersey Lawyer for Injuries Caused by Assault

One common area included within the scope of personal injury law is that of “assault”, an intentional act or threat which instills fear of imminent physical harm in an individual. No actual touching has to occur for the act to be considered assault; the threat alone is wrongdoing enough to be eligible for compensatory damages under personal injury law.

Contact the New Jersey civil assault lawyers at The Law Offices Of James C. DeZao to discuss your potential case during a free consultation.

What is Battery?

The word “battery” comes from the Latin “battuere” meaning “to beat.” In a legal sense, battery occurs when a perpetrator willfully touches or uses force against a person without his or her consent. The act of battery must include actual physical contact between the perpetrator and the victim or to an object connected to the victim. Throwing an object which strikes another individual is a clear case of battery. An example of battery in which there is no actual touching of the victim would be knocking a tray full of food out of another’s hands.

When Does Assault Become Battery?

If the threat of violence actually becomes a reality in which an individual is non-consensually touched by an object or person, the assault becomes a battery.

For example, if a person brandished a gun at another person and threatened to shoot, an assault has been committed. A battery occurs if the person actually follows through and succeeds in shooting the person he has threatened.

Both of these instances are covered under personal injury law in that a victim has the right to monetary recovery for the wrongful acts perpetrated upon him or her. Assault can cause serious physical and mental injuries. It usually falls under a misdemeanor criminal charge but a more serious assault injury can be classified as a case of felony.

Simple Assault vs. Aggravated Assault

There are two types of assault that a person can be charged with, simple and aggravated. It is essential to know the difference when meeting with your personal injury lawyer. Simple assault is less severe than aggravated assault which means the penalties and consequences will vary.

Aggravated assault is when a person uses a weapon or intends to cause serious bodily harm to another person. It is also essential to be aware of what is a serious bodily injury. An assault lawyer in New Jersey is well versed on the topic, and serious bodily injury often includes:

• Injury resulting in a significant risk of death
• Loss of bodily function, organs, or any of the five senses
• Permanent disfigurement caused by the injury

You do not have to navigate these complex legal terms on your own but instead should discuss them with a personal injury lawyer.

The Consequences of Simple Assault

A simple assault charge is a misdemeanor, while aggravated assault is a felony and has varying classification degrees. Penalties for each will also differ because of the difference in severity. A simple assault can lead to up to six months in jail or fines of up to $1,000.

An aggravated assault can vary depending on the degree, but it can range from 18 months to 10 years in prison, with fines ranging from $10,000 to $150,000. As explained by our assault lawyer in New Jersey, any criminal charge can end up on your permanent criminal record, which can be life-changing for any person.

Contact the Law Office of James C. DeZao Today

If you or a loved one has suffered an injury as a result of assault or battery, call The Law Office of James C. DeZao at (973) 358-6134. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations.

Therefore, please call right away to ensure that you do not waive your right to possible compensation.