Bill > A2515

Introduced Session

This bill provides for a enhanced gradation scheme fir certain assaults against a person, in the course of committing an act of domestic violence, or in the course of committing contempt of a domestic violence restraining order. This gradation scheme will take into account the infliction of serious bodily injury or bodily injury in the course of violating a domestic violence restraining order. The penalties range from a crime of the fourth degree to a crime of the first degree, depending on the circumstances: · It would be a crime of the first degree if a person commits an aggravated assault by attempting to cause serious bodily injury to another or causing such injury purposely or knowingly or under extreme indifference to the value of human life recklessly causing such injury. (Subparagraph (a) of paragraph (13) of subsection b.)· It would be a crime of the second degree if a person commits an aggravated assault by attempting to cause or purposely or knowingly causing bodily injury to another with a deadly weapon. (Subparagraph (b) of paragraph (13) of subsection b.)· It would be a crime of the third degree (but the presumption of non-imprisonment would not apply) if a person recklessly causes bodily injury to another with a deadly weapon or if the person knowingly, under circumstances manifesting extreme indifference to the value of human life, points a firearm at or in the direction of another, whether or not the actor believes it to be loaded. (Subparagraph (c) of paragraph (13) of subsection b.)· It would be a crime of the fourth degree (but the presumption of non-imprisonment would not apply) if the person commits a simple assault. A person is guilty of simple assault if he attempts to cause or purposely or knowingly causes bodily injury to another, or negligently causes bodily injury to another with a deadly weapon, or attempts by physical menace to put another in fear of imminent serious bodily injury. (Subparagraph (d) of paragraph (13) of subsection b.) A crime of the first degree is punishable by a term of imprisonment of 10-20 years, a fine of up to $200,000, or both. A crime of the second degree is punishable by a term of imprisonment of five to 10 years, a fine up to $150,000, or both. A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months, a fine of up to $10,000, or both.

Committee Categories

Erik Peterson (R)*,  Al Barlas (R),  Craig Coughlin (D),  Greg McGuckin (R),  Nancy Muñoz (R), 

Introduced, Referred to Assembly Judiciary Committee (on 01/09/2024)

Official Document