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

Assault, Simple Assault, Aggravated Assault, N.J.S.A. 2C:12-1, New Jersey
On August 23, 2012, police in Bridgeton, New Jersey, charged April Lacey with Aggravated Assault, according to nj.com.

After allegedly grabbing a Midget Football League cheerleading coach by the hair, press reports indicate Lacey threw her nearly to the ground.

Lacey, as reported by the news site, said the altercation arose out of a verbal argument with the cheerleading coach about league funds.

Witnesses, according to the news, consisted of a group of cheerleaders and parents. Bridgeton Police Chief Mark Ott said Lacey was charged with Aggravated Assault because this took place in front of children, according to nj.com.

N.J.S.A. 2C:12-1(a) provides a person is guilty of Simple Assault if she:
  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.
Simple Assault in the presence of a child under 16 at a school or community sponsored youth sports event is guilty of, and strictly liable for, a fourth degree crime. N.J.S.A. 2C:12-1(f).

It is not a defense that defendant did not know the child was present. Similarly, it is not a defense that the defendant reasonably believed that the child was 16 years of age or older. These limitations apply because the Code expressly states this is a strict liability crime.

"School or community sponsored youth sports event" means:
  • competition, practice or instructional event
  • involving one or more interscholastic sports teams or youth sports teams
  • organized pursuant to a nonprofit or similar charter
  • or which are member teams in a youth league
  • organized by or affiliated with a county or municipal recreation department
  • excluding collegiate, semi-professional or professional sporting events.
Experienced New Jersey Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations on all cases regarding Aggravated Assault. Call Now—(856) 812-0321.