What separates a 2nd degree from a 3rd degree aggravated assault charge in NJ?

As touched upon above, one of the major difference between the different degrees of aggravated assault offenses is the type of injury suffered. Here is a breakdown of the three different types of injuries, bodily injury, significantly injury and serious bodily injury.

  • Bodily injury has been defined by the courts as causing “physical pain, illness, or any impairment of physical condition”;
  • Significant bodily injury has been defined by the courts as causing bodily injury which creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses.
  • Serious bodily injury has been defined by the courts as causing 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.