Simple Assault contrary to N.J.S.A. 2c:12-1a

Loser says, “What?”

A Hopatcong police officer stands charged with Simple Assault following an investigation by the Sussex County Prosecutor’s Office. Initially, an individual reported to the Hopatcong police department on November 17, according to nj dot com. He had intended to turn himself in to the authorities on a warrant, according to the news. Additionally, he had intended to record a prank.

Accompanied by his brother, the individual wore a bunny costume and blew an air horn. During the visit, the individual disregarded one official who told him to stop blowing the horn. Eventually, another officer confronted the prankster and slapped him in the face with an open hand, according to media reports. Subsequently, a video bearing the nj dot com logo appeared on youtube dot com. It is alleged to be a recording of the incident, according to the media.

Simple Assault, N.J.S.A. 2c:12-1(a)

New Jersey law provides a person is guilty of Simple Assault if he:

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

Additionally, New Jersey law defines “bodily injury” as “physical pain, illness or any impairment of physical condition.” N.J.S.A. 2c:11-1(a).

Furthermore, “serious bodily injury” means “bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.” N.J.S.A. 2c:11-1(b).

Finally, “deadly weapon” as defined by N.J.S.A. 2c:11-1(c) means

any firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury or which in the manner it is fashioned would lead the victim reasonably to believe it to be capable of producing death or serious bodily injury.

Consequently, a person charged with Simple Assault faces a disorderly person offense, punishable by:

  • County Jail: Up to 6 months
  • Probation, including up to 90 days in the county jail as a condition of probation
  • Fines: $1,000.00
  • VCCA: $50
  • Safe Neighborhood Services Fund Assessment: $75
  • Domestic Violence Surcharge (if applicable): $100
  • Community Service
  • Court Costs

Experienced New Jersey Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations on all cases regarding Assault. Call Now—(856) 812-0321.