Being in a Fist Fight Can Make You a Loser in Court


Posted by: James Dudley on Tuesday, August 6, 2019

Many people are taught that fighting is solves nothing.  Yet everyday people find themselves in a physical fight. Regardless of whether a person prevails in the fight and no matter the reasons why the fight occurred, there are legal consequences. These legal consequences can be either civil and/or criminal.   This blog addresses why even if a person wins a fight, they can still face criminal charges in court.

Under New Jersey law, criminal liability arises whenever a person commits assault upon another person.  Assault occurs whenever a person either causes bodily injury to another person. Or, just puts a person in fear of imminent serious bodily injury.  Therefore, an assault charge can be filed against a person even if no physical contact is made.

New Jersey criminal law recognizes Simple Assault, Aggravated Assault, and additional types of assault.  Charges depend upon the exact circumstances surrounding the assault. People charged with lesser degree crimes, such as a petty disorderly persons offense, go to Municipal Court. Those charged with more serious crimes, including second degree offenses, have to go to State Court.  Any conviction can result in fines, possible incarceration and a record.

The attorneys at Wiley Lavender, P.C.  can provide the legal representation that a person charged with assault will need.