Individuals convicted of sexual assault must typically undergo psychological treatment while serving time in prison or when they are on probation. Lawyers may choose to move to have the case dismissed if they can demonstrate that charges were not brought properly. Depending on the severity of the charge, automobile assault can carry penalties, such as serious fines and even jail time. Sexual assault is considered a federal crime. Different Types of Assault; Criminal assault is divided into various categories under the Criminal Code of Canada. Talk with an Assault Defense Attorney in Lewisville We invite you to contact our Denver criminal defense attorneys for a consultation regarding your individual circumstances. In this case of a DWI accident resulting in serious injury to another person, the defendant faces five to 10 years in jail. Domestic assault charges may occur when a family member or household member injures or provokes fear of harm. Any Supreme Court Justice, Superior Court Judge, Tax Court, or Municipal Judge. There are many types of assault on a family member charges. Sentences vary according to the type of force used, the degree of bodily injury, the age of the plaintiff, and the use of a gun or other deadly weapon. In a simple assault case where the intended victim of the assault is a public official or police officer, the offense is considered an indictable felony charge. City, The Bronx, Brooklyn, Manhattan, Queens, and Staten Island as well as all of Monmouth County, Ocean County, Middlesex County, Battery. Located in Freehold, New Jersey, we serve clients throughout East Brunswick, Toms River, Middletown, Jersey City, Neptune, Hudson County, Union County, Essex County, and Ocean County, as well as Brooklyn and New York City. Any Family Services and Division of Youth employee. 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. According to the law in New Jersey, someone is guilty of aggravated assault if they committed any of the following: A person commits simple assault upon any of the following: In any of these cases, a violation is considered a third-degree offense if the victim actually suffers bodily harm; otherwise, it is considered a fourth-degree offense. A person attempts to cause or purposefully causes bodily injury to another person with a deadly weapon; this is considered a third-degree offense. Under English law, there are three main types of Assault: Common Assault, Actual Bodily Harm (ABH) and Wounding / Grievous Bodily Harm (GBH). Proving consent is complicated if the act occurred in private and without any video or audio evidence from a cellphone or security camera. 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. Of course, the penalties for assault vary as widely as the different types of assault. For example, the plaintiff may have been under the influence of alcohol and misidentified the actor. This type of assault involves the use of weapons and/or serious injury. For this reason, it is important to call us at 732-308-0200 or complete our online form for a free consultation today. They can range from fines and probation to prison and the loss of the right to own a gun as a convicted felon. Any school employee, including a school administrator, board member, bus driver, or teacher. Any assault lawyer in Winnipeg can attest to the fact that violence in any form is a serious offense in Canada. Some states specify a minimum prison sentence or require the court to impose a prison sentence without probation. 87 South Street Freehold, NJ 07728 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, 14 Tindall Road Middletown, NJ 07748 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, 3535 Route 66 Neptune, NJ 07753 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, Turnpike Plaza, 197 Route 18 Unit 100 East Brunswick, NJ 08816 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, 75 Montgomery Street Jersey City, NJ 07302 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, 425 59th Street West New York, NJ 07093 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, 1386 RT 9 S Toms River, NJ 08753 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, 645 Elizabeth Ave., Elizabeth, NJ 07206 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, 2 Broad Street Suite 606 Bloomfield NJ 07003 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, 233 Broadway, Suite 300 New York, NY 10007 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com, 107 Smith Street Brooklyn, NY 11231 888-Ellis-Law 888-355-4752 Fax: 732-577-0100 info@ellislawcenter.com. Law enforcement is acting within the realm of their duties. Sexual assault crimes in New Jersey fall under the following categories: New Jersey uses the term sexual assault to describe the act of rape. 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. Mercer County, Union County, Hunterdon County, Somerset County, Essex County, Hudson County, Burlington County and Atlantic County. If the plaintiff is young, some defendants may want to argue that they thought the individual was older. On the surface, it appears the same as a petty assault, however, this Class 1 misdemeanor includes an “extraordinary risk” crime. Charges of sexual assault are always serious. Considered a “crime of violence,” second-degree assault is tried in district court with a DA prosecuting and carries a mandatory 5- to a 16-year prison sentence. Contrary to conventional usage in everyday conversation, assault in a legal sense is not an actual attack on another person. An assault might happen among children and parents, spouses, former spouses, or people who live together as a couple. Furthermore, laws are evolving with respect to the definition of force. However, most sexual assault cases are tried in state courts. Please do not provide us with any confidential information until an attorney-client relationship is established. 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 victim can file your complaint within two days only, and the prosecution happens within two days. An experiencedlawyer can build a solid sexual assault defense to ensure the best possible outcome. Understanding the different types and levels of criminal assault is crucial to understanding what assault can mean for the accused perpetrator and what the potential punishment could be. Establishing a legal defense against sexual assault charges is also difficult because the laws pertaining to sex crimes are complex and continue to evolve. Here’s what you need to know about assault charges: Petty assault. Sometimes what seems to be a petty crime on the surface is actually a serious felony. Lack of consent can be established by the use of physical force, coercion, and if the plaintiff was a minor, under the influence, or was incapacitated. Types of Assault. Without this understanding, it is virtually impossible to construct a successful defense. It is known to be charged in a similar manner on the basis of the circumstances. Criminal sexual contact is a fourth-degree offense and punishable up to 18 months in prison. An individual may be found guilty of simple assault in many different scenarios with regards to intent or purpose. A simple assault charge could occur if that person acted knowingly, negligently, or recklessly. When coupled with a physical act, simply placing another person in fear of receiving a violent injury can be enough for a simple assault. The person knowingly, purposefully, or recklessly caused or attempted to cause bodily injury to another person. This more serious Class 4 felony involves either serious bodily injury or the use of a deadly weapon. In general, only the more serious sexual assault cases warrant federal charges. Sexual assault can take many forms, but the most widely known include rape, groping, or sexual abuse. The types of acts that fall into the category of assaults can vary widely, ... assault. Registration as a convicted sex offender is likely to haunt a guilty defendant long after any penalty has been paid. 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