Looks like the current charge is "conspiracy to commit Aggravated Assault". This is a serious charge and an indictable offense.
She was actually the victim of something called 'Criminal Battery' and the charge should be under the Aggravated Assault Statute, N.J.S.A. 2C:12-1.
In NJ a charge of "Simple Assault" need only require a victim be in "imminent fear of battery". That means a person only need to fear being attacked by the accuse for a Simple Assault charge.
For a charge of 'Criminal Battery' a person must have "made physical contact with the person or an extension of that person (i.e. something he or she was holding, wearing, etc.)."
> N.J.S.A. 2C:12-1(b), to intentionally or recklessly cause bodily harm to another with or without a deadly weapon is considered battery and aggravated assault.
Ag Assault is a second degree crime in NJ and can carry a penalty of 10 years in prison and a $150,000 fine.
This sort of thing is why you will frequently hear the charge of "assault and battery" as the Simple Assault charge precedes the Criminal Battery charge. (Also different states will handle the two charges in different ways and they may appear under different names.)
Relevant Case Law: State v. Battle, State v. Bryant, State v. Holmes.
(Additionally there is a possibility that a charge of 'Strict Liability' may apply. This relates to the actions of one person indirectly and unintentionally causing among other things the death of another person by way of related actions.)
(The actual charging requirements under the relevant statutes are somewhat more complicated and include a long list of qualifying actions and specific situations. This was a the most basic of basic explanations of the legal issues surrounding this awful tragedy.)
To inject a personal opinion: This is by far from the first time this has happened and I do believe legislation needs to be advanced to consider this specific situation and also ones substantially similar under the Strict Liability statute and include updated mitigating or aggravating factors when considering what charge(s) to bring when a student(s) cause another student to end their own life due to the actions of another student(s).
reddittrees2 t1_jaaf18c wrote
Reply to comment by lotusvagabond in Student charged after bullied New Jersey school girl takes her own life by r4816
Looks like the current charge is "conspiracy to commit Aggravated Assault". This is a serious charge and an indictable offense.
She was actually the victim of something called 'Criminal Battery' and the charge should be under the Aggravated Assault Statute, N.J.S.A. 2C:12-1.
In NJ a charge of "Simple Assault" need only require a victim be in "imminent fear of battery". That means a person only need to fear being attacked by the accuse for a Simple Assault charge.
For a charge of 'Criminal Battery' a person must have "made physical contact with the person or an extension of that person (i.e. something he or she was holding, wearing, etc.)."
> N.J.S.A. 2C:12-1(b), to intentionally or recklessly cause bodily harm to another with or without a deadly weapon is considered battery and aggravated assault.
Ag Assault is a second degree crime in NJ and can carry a penalty of 10 years in prison and a $150,000 fine.
This sort of thing is why you will frequently hear the charge of "assault and battery" as the Simple Assault charge precedes the Criminal Battery charge. (Also different states will handle the two charges in different ways and they may appear under different names.)
Relevant Case Law: State v. Battle, State v. Bryant, State v. Holmes.
(Additionally there is a possibility that a charge of 'Strict Liability' may apply. This relates to the actions of one person indirectly and unintentionally causing among other things the death of another person by way of related actions.)
(The actual charging requirements under the relevant statutes are somewhat more complicated and include a long list of qualifying actions and specific situations. This was a the most basic of basic explanations of the legal issues surrounding this awful tragedy.)
To inject a personal opinion: This is by far from the first time this has happened and I do believe legislation needs to be advanced to consider this specific situation and also ones substantially similar under the Strict Liability statute and include updated mitigating or aggravating factors when considering what charge(s) to bring when a student(s) cause another student to end their own life due to the actions of another student(s).