The one who caused the serious physical injury as well as the other participants in the felony--are guilty of Assault in the First. Degree. If you're charged with simple assault in New Jersey, you could be facing jail time and may have a restraining order issued against you.Contact an experienced Franklin personal injury lawyer at 856-219-4628. Garber Law, P.C. fights insurance companies. It makes assault more of an attempted battery, then battery like the complete assault. Aggravated assault is a type of assault that involves the use of a deadly weapon, or an assault that results in serious bodily injury. If proof of the other crime tends to show his intent in the present instance, the evidence is admissible. An assault becomes battery when the force is carried out against the alleged victim. The weight of the evidence can steer your case toward an out-of-court settlement versus a trial. Guidance In The Aftermath Of An Injury.