Legal Question in Criminal Law in New Jersey

I want to charge with Assault but what should I do?

While driving down the road to my girlfriends house some guy I know who wanted to fight me was driving his ATV in my direction. He stops his ATV in the middle of the road causing me to swerve in someone’s yard. At this point his ATV is right along the side of my car and I can’t drive off without hitting him. I roll down my window and we exchange words. This time he decides to punch me while I’m in my car causing a laceration under my eye which I had to get stitches for. I then get out but the ATV prevented my car from opening fully. We wrestle a little bit then he ran away after I chased him. I finally turn around and “surprise” the police are there. They take our stories and he gets arrested for ATV fines and warrants. I’m currently trying to charge him with assault. After looking at the police report they got my story mixed up (no surprise there) but more importantly it says that the officer found us fighting when that was honestly not the case. After getting my complaint in the mail he charges me with conspiring to jump him and punching him. All of which are lies. He has been in trouble with the law before. His girlfriend tried to get me to “drop the charges and he’ll drop his”. I go to college, work, and have a clean record.

Asked on 7/09/09, 11:25 am

1 Answer from Attorneys

Kenneth Vercammen,Esq. Kenneth Vercammen

Re: I want to charge with Assault but what should I do?

2C:12-1 Assault.

2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he:

(1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or

(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.

Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.

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Answered on 7/10/09, 3:26 pm

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