Defending Against Simple Assault
A skilled criminal defense attorney will work to find ways to help you avoid a conviction or lessen the consequences. Factors that will be considered include: The unique circumstances of your crime.What is simple assault in New Jersey?
Aug 04, 2020 · Call Team Law and schedule a free initial consultation with an experienced New Jersey simple assault defense lawyer today. New Jersey Simple Assault: N.J.S.A. 2C:12-1(a) Simple assault in New Jersey is usually charged as a disorderly persons offense (a misdemeanor) or a petty disorderly persons offense (a lower-level misdemeanor). You can be charged with …
What should I do if charged with simple assault?
Hiring A Simple Assault Defense Lawyer In New Jersey. If you or a family member have been charged with Simple Assault in NJ, it’s important to have the assistance of a skilled defense lawyer. Matthew Reisig fights for his clients to win their cases, and will fight for you, too. Call today for a free consultation: (732) 625-9661.
Does a simple assault charge go on your record?
The attorneys at Breslow Law Offices have represented countless defendants with simple assault charges in New Jersey. Their work as prosecutors provided them with unique and highly desirable information about how the State seeks to prosecute these offenses, which they now employs to effectively defend their clients in Municipal and Superior Courts across the State.
What is the difference between simple assault and aggravated assault?
Simple assault and aggravated assault have different penalties due to the severity of the crime. Simple Assault. Up to 6 months in jail or a $1,000 fine. Aggravated Assault. Second Degree – 5-10 years in prison with fines of up to $150,000. Third Degree – 3-5 …
How do you beat a simple assault charge in NJ?
Expunge Simple Assault
Simple assault charged as a disorderly persons offense or petty disorderly persons offense can be expunged 4 years after completing sentencing and satisfying any fines or other conditions.
Simple assault charged as a disorderly persons offense or petty disorderly persons offense can be expunged 4 years after completing sentencing and satisfying any fines or other conditions.
Can simple assault charges dropped NJ?
A defendant can have a criminal charge for simple assault, a restraining order, or both. One is completely independent of the other. In addition, a defendant could be convicted of simple assault and the restraining order dismissed or both cases could be dismissed or both cases could be granted.
What is a simple assault charge in NJ?
Simple assault is a disorderly persons criminal offense in New Jersey and is governed by N.J.S.A. 2C:12-1(a). A person can be guilty of simple assault if he or she causes bodily injury to another person or if he or she merely threatens to cause bodily injury to another person.
How long after an assault can you press charges in NJ?
The statute of limitations (how long after the alleged crime took place that prosecutors have to file charges) for assault is 1 year for a disorderly persons offense and 5 years for an indictable offense.
What happens if someone is charged with assault?
If you have been previously convicted or are charged with assault for a specific motive or against an officer, you'll be facing jail time. You could receive anywhere from six months to two years, depending on the situation. Otherwise, you'll be given a fine. Assault charges may be dropped in specific situations.Aug 26, 2021
Is simple assault a felony in New Jersey?
New Jersey Simple Assault. In New Jersey, a simple assault charge is typically categorized as a disorderly persons offense (misdemeanor) but carries with it stiff penalties and a criminal record.
How do I drop charges against someone in NJ?
In order for a TRO to be dismissed, the victim must fill out paperwork, go to court, usually attend a meeting with a domestic violence counselor, and then let the case go before a judge. In New Jersey, restraining orders are civil matters handled at the county Superior Court in the Family Division.Feb 13, 2020
Does assault have to be physical?
Assault is often defined as any intentional act that causes another person to fear an attack or imminent physical harm. This definition recognizes that placing another person in fear of bodily harm is itself an act deserving of punishment, even if the victim of the assault is not physically harmed.
How do I press charges in NJ?
New Jersey law requires the individual filing the complaint to appear in court when their complaint is reviewed. The municipal court will then determine if there is probable cause to file criminal charges against the alleged offender, based on the complaint and any other evidence available.
What is harassment in NJ?
Instead, NJ Statute 2C:33-4 considers it harassment when someone “makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm.”
How long does a prosecutor have to indict you NJ?
90 days
How Long Does a Grand Jury Have to Indict Someone? County prosecutors have 90 days from the date New Jersey charged you with a criminal offense to present evidence to a grand jury and receive an indictment against you. The state must try or resolve the case within 180 days of the date of the indictment.
What is the limit for small claims court in New Jersey?
Small Claims Court handles cases in which the demand is for $3,000 or less. If the amount of money you are seeking to recover is more than $3,000, but less than $15,000, your case should be filed in the Special Civil Part-Civil.
What is the difference between simple and aggravated assault?
The main difference between simple and aggravated assault is the latter alleges an “extreme indifference” to the value of human life. For example,...
Is simple assault a misdemeanor in NJ?
New Jersey classifies simple assault as a disorderly persons offense, equivalent to a misdemeanor in other states.
Does simple assault go on your criminal record?
As a disorderly persons offense, a simple assault conviction can result in a criminal record. However, with the help of an attorney, it may be poss...
How serious is a simple assault charge in NJ?
Simple assault is considered a violent crime and is a serious offense. As such, one should hire an attorney to defend against the charge and get it...
Is simple assault a disorderly offense in New Jersey?
Simple Assault in NJ is generally categorized as a disorderly persons offense but if convicted, the penalties can be substantial. Learn about Simple Assualt Laws in NJ, potential penalties, simple assault vs. aggravated assault & potential defenses.
What to do if you are charged with assault by auto in New Jersey?
If you are charged with assault by auto in NJ you should hire experienced lawyers to defend you against the serious consequences that can follow a conviction. Learn about assault by auto laws in NJ, potential penalties & other charges you may face.
How long is assault in New Jersey?
There are two (2) versions of assault: simple assault and aggravated assault. Simple Assault is a Disorderly Persons Offense, which carries up to 6 months in jail as a penalty. Aggravated Assault can be either a second, third, or fourth-degree charge.
What is aggravated assault in New Jersey?
According to NJ Statute: 2C:12-1b, the legal elements of aggravated assault are: Attempt to cause serious bodily injury with extreme indifference; Recklessly cause bodily injury to another with a deadly weapon; or. Recklessly display extreme indifference to human life. Aggravated Assault is a serious criminal ...
How to defend against assault charges?
In order for a lawyer to properly defend you against an assault charge, you must be open and honest with your lawyer. There are a few possible avenues an experienced attorney can explore in preparing a defense against the charges, including: Self-Defense – A viable defense against an assault charge is a justifiable claim of self-defense. ...
What is simple assault?
2C:12-1 (a), the legal elements of simple assault are: You attempt to cause or cause bodily injury to another; You negligently cause bodily injury to another with a deadly weapon; or. You attempt to put another person in fear of imminent serious bodily injury.
Is aggravated assault a criminal offense?
Recklessly display extreme indifference to human life. Aggravated Assault is a serious criminal offense. There are a number of different variations of aggravated assault with offenses ranging from fourth degree to second degree depending on the circumstances of the alleged conduct.
What is simple assault in New Jersey?
New Jersey defines simple assault as: attempting by physical menace to put another in fear of imminent serious bodily injury. As such, simple assault can include any kind of willful or negligent harm or the threat of harm to another. The most common type of simple assault is a fistfight.
What is the difference between aggravated assault and simple assault?
The main difference between simple and aggravated assault is the latter alleges an “extreme indifference” to the value of human life. For example, the use of a deadly weapon (e.g. knife) without regard for its legal potential can turn simple assault into aggravated assault.
What is considered a juvenile in New Jersey?
A person under the age of 18 is considered a juvenile in New Jersey. Juveniles charged with simple assault face different circumstances and possible penalties than adults. Youths who are convicted of simple assault can be adjudicated delinquent, which is similar to a criminal conviction for an adult. However, the penalties are not the same. Juveniles charged with simple assault are most often tried in Family Court, where the emphasis is on determining what is best for the child. This means taking into account the nature and circumstances of the offense, the child’s age, any prior offenses, unique needs of the child (medical, psychological, etc.), as well as how the child might respond to rehabilitative measures. While detention in a juvenile facility is a risk, it is also possible that the juvenile will be sentenced to one or more of the following: probation, community service, mental health counseling, drug rehabilitation treatment, suspension of driving privileges, or restitution. Hiring an attorney can ensure a juvenile accused of assault will not suffer unnecessarily harsh consequences.
What is a diversionary program in New Jersey?
New Jersey offers several diversionary programs to help individuals facing charges avoid a conviction. Pre-Trial Intervention (PTI), Conditional Discharge, and Conditional Dismissal are just some examples. Each has certain limitations regarding who can apply—for example, PTI requires that applicants not have a prior felony conviction, while conditional dismissal applies to those being charged in municipal court. The exact nature of the program will depend on the charge (s) and the defendant in question and can include requirements such as anger management counseling, community service, probation, and drug testing. Those who successfully complete a diversionary program in NJ will have the charges against them dismissed.
What is the burden of a prosecutor?
The burden is on the prosecutors to prove whether a person is guilty of simple assault. A good defense may include poking holes in the prosecutor’s arguments, getting evidence thrown out, as well as presenting witness testimony on behalf of the accused. The exact defense will depend on the details of the case.
What is State v. Stull?
State v. Stull, 959 A.2d 286 examines the case of a defendant charged with Simple Assault after holding the victim’s head in a headlock for 20-30 seconds. During this time, the victim’s head was forced down low and he was dragged for some distance. The defendant argued that there was no evidence of bodily injury, thus the element of Simple Assault cannot be satisfied. But the court decided that, as in Downey, only a painful feeling was enough to satisfy the Simple Assault requirement; actual bodily injury is not required.
Can you go to jail for assault?
While it is possible to go to jail for simple assault, the offense carries a presumption of non-incarceration for a first offense. This means in many cases , a person who has been convicted of simple assault may not be sent to jail. However, this by no means guarantees that a person will avoid jail time.
Do I need a Lawyer for a Simple Assault Charge in Jackson Municipal Court?
Simple assault is a criminal charge that, upon conviction, can result in probation, community service, and incarceration.
New Jersey Simple Assault Law
Simple assault is a criminal offense in New Jersey and is governed by N.J.S.A. 2C:12-1, which provides in pertinent part that:
Facing a Simple Assault Charge at the Jersey Shore?
Pursuant to New Jersey law, simple assault is defined as a disorderly persons offense. A disorderly persons offense is equivalent to a misdemeanor, and a conviction for a disorderly persons offense carries up to 6 months in jail and thousands of dollars in fines. As you can see, these are serious penalties that require immediate action.
How to Beat a Simple Assault Case in Point Pleasant NJ
Your best chance to beat a simple assault charge in NJ is to have a knowledgeable criminal defense lawyer on your side and helping you raise the strongest possible defenses. Of course, the specific defenses available to you in your simple assault case will depend on the facts of the case.
Where Do I Go to Court for a Simple Assault Charge in Ocean County?
Since simple assault are considered either a disorderly persons or petty disorderly persons offense the local municipal court in the municipality where the incident occurred has jurisdiction over the matter.
Is assault a crime in New Jersey?
A simple assault in New Jersey is considered a less serious crime than aggravated assault. Aggravated assault differs from simple assault because it requires that a person causes, or attempts to cause, serious bodily injury. If a person attempts to cause, or purposely or knowingly causes, someone else a non-serious bodily injury, ...
How much is a simple assault charge in New Jersey?
Any type of assault in New Jersey is considered serious, and even a simple assault charge carries a penalty of up to six months in jail and a maximum fine of $1,000 for those convicted. Other penalties for this offense include restitution to the victim, probation, and electronic monitoring.
What are the penalties for assault in New Jersey?
Although simple assault is the least severe of assault crimes in New Jersey, that does not mean that it carries light penalties. The consequences for simple assault include: 1 Up to six months in jail 2 A maximum fine of $1,000
Is assault a disorderly person?
Attempts, by physical menace, to place someone else in fear of serious injury. When any of these situations are present, simple assault is considered a disorderly persons offense. When two or more people are engaged in a fight, it is considered a petty disorderly persons offense.
What is the difference between aggravated assault and simple assault?
What Is the Difference Between Simple Assault and Aggravated Assault? A simple assault in New Jersey is considered a less serious crime than aggravated assault. Aggravated assault differs from simple assault because it requires that a person causes, or attempts to cause, serious bodily injury. If a person attempts to cause, or purposely ...
What is aggravated assault?
Aggravated assault differs from simple assault because it requires that a person causes, or attempts to cause, serious bodily injury. If a person attempts to cause, or purposely or knowingly causes, someone else a non-serious bodily injury, but a weapon is used, that is also considered aggravated assault.
Is aggravated assault a felony in New Jersey?
Aggravated assault, on the other hand, is an indictable crime that has many degrees, depending on the circumstances of each case. Any type of indictable offense in New Jersey is equivalent to a felony in other states. The penalties for aggravated assault in NJ are generally more severe than the penalties for simple assault.
How many ways can a person commit simple assault in New Jersey?
According to New Jersey law, there are three ways in which a person can commit simple assault. A person is considered guilty of simple assault if he or she: Attempts by physical danger to put another in fear of imminent serious bodily injury. Notice, there are several different types of injury recognized under NJ law.
Is simple assault a crime in New Jersey?
Domestic Violence Simple Assault in NJ. Simple assault is one of the ways in which domestic violence can occur in New Jersey. It is a criminal offense considered a “predicate act of domestic violence,” which means a person accused of simple assault may face criminal charges and a restraining order. When police investigate an alleged domestic ...
Can you be charged with assault in New Jersey?
Yes. A simple assault criminal charge means that you were arrested by the police and facing a disorderly persons (misdemeanor) assault charge which will be handled in the local town Municipal Court in which you were charged. This case will be prosecuted by the State of New Jersey and handled by the Municipal Prosecutor.
What are the two types of assault in New Jersey?
It is important to note that there are two types of assault in New Jersey: simple assault and aggravated assault. Simple assault is considered the lesser offense of the two. However, the consequences of a simple assault allegation can still be very severe when raised in the context of domestic violence. If you have been charged with simple assault ...
Clifton NJ Simple Assault Lawyers
The most common type of assault offense filed by police is termed “simple assault”. The reason we see so many of these charges stems from many factors, including the fact that police feel obligated to file this charge whenever someone admits making physical contact with another or there are any visible signs of injury.
Little Falls NJ Simple Assault Defense Attorneys: 2C:12-1 (a)
The simple assault law, which comes into play in many settings, including a street fight, bar altercation, confrontation with a police man, or even an alleged incident of domestic violence, is contained at N.J.S.A. 2C:12-1 (a).
Simple Assault Attorneys in Paterson NJ
Lawyers on our staff are available 24/7 to discuss a simple assault case. Initial consultations are free of charge and one of our Passaic County attorneys would be more than amenable to explaining how we can assist you. Give us a call at 862-203-4070.
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