Police in Hackettstown, New Jersey, received a report of a knife fight at approximately 5:23 a.m. on Saturday September 29, 2012. An argument between two Hackettstown residents, ages 25 and 28, ensued after the alleged attempted theft of a dog belonging to one of the men. The altercation became so intense that the two men pulled knives on each other. After the fight was broken up, the 28 year old grabbed the other man’s yellow Labrador retriever and tried to leave with it, however, the dog was able to escape, according to police. Officers conducted a search of the area, but were unsuccessful in locating the dog. Both men were arrested and charged with aggravated assault with a weapon, possession of a weapon for unlawful purposes, and possession of a weapon. Additionally the 25 year old suspect was charged with resisting arrest. The pair was unable to post bond and were transfered to the Warren County Correctional Facility.

In New Jersey, N.J.S.A. 2C:12-1 addresses both simple and aggravated assault. Simple assault is a disorderly persons offense. Aggravated assault can be a third, or even a second degree offense depending on the facts presented. The difference between a simple assault and an aggravated assault is the seriousness of the harm the actor intended to cause or actually caused. For example, a person who attempts to cause bodily injury will be charged with simple assault. N.J.S.A. 2C:12-1(a). A person who attempts to cause significant or serious bodily injury will be charged with aggravated assault. N.J.S.A. 2C:12-1(b)

The definitions of bodily injury, significant bodily injury, and serious bodily injury, are not perfectly clear. Previously litigated cases have established a framework for prosecutors to determine the appropriate charge based upon the facts presented. Often, however, individuals will be charged with a more serious offense than can actually be proven. This can occur both in cases of aggravated assault and simple assault. It is always important to seek legal advice whenever you have been charged with a crime. This is especially true when charged under N.J.S.A. 2C:12-1.

Sources:

Brendan Kuty, “Man tries stealing dog after knife fight, Hackettstown police say,” nj.com, Oct. 1, 2012

N.J.S.A. 2C:12-1, Assault (2011).

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