When children get into confrontations, it can often escalate into a alteration. But whether the fight was consensual or not, the law prohibits this conduct and considers it an assault. The severity of the relate charge essentially hinges on who the victim is and the extent of their injury. For example, if the physical contact is with a teacher at school, the ramification of the incident are going to be much different from an arranged fight with another student. One is typically an aggravated assault whereas the other a simple assault. And if the physical impact involved a motor vehicle, the offense is assault by auto. Irrespective of which variety of assault charge your child may be facing, we can offer experienced representation. We have been representing those accused of criminal violations, including simple and aggravated offenses, as well as assault by auto, for several decades now. Call us at 973-710-1520 if you have any questions, want to discuss representation or would like to set up an appointment in our Newark Office.
Aggravated Assault
A juvenile aggravated assault charge can come in the form of a second degree crime, third degree crime or even fourth degree crime. Aggravated assault is never a disorderly persons offense, New Jersey’s version of a misdemeanor. In addition, while this charge is typically reserved for situations where someone has sustained a real injury(s), even the slightest physical confrontation with a police officer, teacher or school administrator, results in an aggravated assault.
Assault by Auto
Assault by auto can be a very serious juvenile offense and involves recklessly causing an accident where someone sustains personal injury. Recklessness is conduct that demonstrates an extreme indifference to the safety of others. Where your child’s reckless conduct is based on driving while intoxicated (“DWI”) and serious bodily injury is sustained by the victim, assault by auto is a third degree crime. If the same incident occurs in a school zone, the juvenile assault by auto charge is a second degree crime. Fourth degree assault by auto occurs when reckless operation results in serious bodily injury (no involvement of alcohol).
Simple Assault
The most common variety of juvenile assault offense is simple assault. This type of assault can be charged where someone attempts or causes bodily injury to another, negligently causes such injury with a deadly weapon, or where someone physically menaces another so that they are in fear of imminent serious bodily injury. If your child/juvenile is convicted of simple assault, it is a disorderly persons offense.
Newark Juvenile Assault Defense Attorneys
All juvenile assault offenses are handled at the Family Division in Newark NJ, absent waiver of the juvenile to the adult criminal court. Our attorneys are well acquainted with both of these courts, as well as in what it takes to successfully defend assault cases. We have been practicing criminal law in the county, including in the prosecutors office, for several decades now. Call us for immediate assistance from an experienced juvenile offense lawyer at 973-710-1520.