what lawyer tries nj simple assault cases

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What is simple assault in New Jersey?

Who Should I Contact? In New Jersey, simple assault [N.J.S.A. 2C:12-1 (a)] is a violent crime. For the most part, simple assault one of the less severe violent crimes in the state, but a conviction can still lead to jail time, fines, and a criminal record.

What should I do if charged with simple assault?

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 either dismissed or reduced to a lesser offense that is less likely to result in jail time and have a long-term impact on one’s life. Who Should I Contact?

Was punching two police officers considered simple assault?

Murphy, 447 A. 2d 219, the defendant was arrested after drunkenly punching two police officers, one of whom sustained injuries to the eye. The defendant argued that the act did not meet the standard of simple assault because he did not intend or know that his effort to resist being arrested would result in injury.

Can a host of a TV show be sued for simple assault?

In State v. Cabana, 716 A.2d 576, the defendant was the host of a TV show who struck a guest in the face during the taping of a show. The guest then sued for Simple Assault. The defendant admitted to striking the guest but argued that it was so trivial that it could not be considered Simple Assault.

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.

Can a victim drop simple assault charges in NJ?

Dropping simple assault charges is possible but it is not easy. These question usually comes from a victim who does not want to go forward with a prosecution. Examples include situations where a couple argue, things get heated and one partner slaps the other.

What degree is simple assault in NJ?

fourth degreeIn New Jersey, simple assault can be treated as a crime of the fourth degree — carrying a potential prison term of up to 18 months, a fine of up to $1,000 or both — if the assault was committed: while working as an employee in a care facility against an institutionalized elderly 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.

Can assault charges be dropped in NJ?

Dropped charges – The prosecutor or police officer can decide to cancel the charges against you and drop one or more counts of one or more charges you face. These charges can be refiled unless you sign an agreement with the prosecution to prevent that.

How do I drop charges against my boyfriend in NJ?

Dismissing a Restraining Order Against Someone in New Jersey 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.

Can you go to jail for simple assault in NJ?

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 happens if you are charged with assault?

Common assault carries a maximum penalty of six months in prison and/or a fine. A person charged with a first offence is likely to receive a fine rather than a custodial sentence.

How does NJ define assault?

Under N.J.S.A. § 2C:12-1a(1), a person commits a simple assault if he or she attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another person. Some examples of this offense include: spitting in someone's face, hitting someone in order to cause them soreness, or slapping a person's face.

Is a slap in the face considered assault?

Is slapping someone a crime? A person who uses force against another person without their consent is committing the crime of assault. For example, slapping or punching someone, throwing an object at them, or scratching them is assault.

Can you go to jail for punching someone in the face?

Punching or striking another person is considered a crime of battery. In the case of punching someone, it's likely to be classified as either simple battery, which is a misdemeanour, or aggravated battery, which is a felony crime.

How long does a prosecutor have to indict you NJ?

90 daysHow 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 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...

What are the penalties for simple assault in New Jersey?

Penalties For Simple Assault Charges In NJ. If you are convicted of Simple Assault charges in New Jersey, you could receive a harsh punishment. Penalties could include up to 6 months in jail, heavy fines, restitution, probation, and even community service.

What are the factors that affect the penalties for assault in New Jersey?

Some of these factors include: Where the assault offense took place. The age of the person who was allegedly assaulted.

Where do simple assault charges start?

Simple Assault charges often begin in municipal court in New Jersey. Municipal courts often hear less serious criminal offenses and offenses such as traffic violations. If you’ve been charged with Simple Assault (sometimes referred to as misdemeanor assault), you more than likely are being accused of: A petty disorderly offense if there was ...

How long does it take to get an assault conviction expunged in New Jersey?

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. In some cases, a person can apply for an early pathway expungement and have the offense cleared after just 3 years.

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.

What happened in State v. Downey?

In State v. Downey, 576 A.2d 945, the defendant was the host of a TV show who struck a guest in the face during the taping of a show. The guest then sued for Simple Assault. The defendant admitted to striking the guest but argued that it was so trivial that it could not be considered Simple Assault. After viewing a videotape of the show, the judge ruled that the defendant purposefully and knowingly slapped the victim, causing a stinging sensation to the victim, thus satisfying the terms of Simple Assault.

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 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 happened in Murphy v. Murphy?

Murphy, 447 A. 2d 219, the defendant was arrested after drunkenly punching two police officers, one of whom sustained injuries to the eye. The defendant argued that the act did not meet the standard of simple assault because he did not intend or know that his effort to resist being arrested would result in injury.

What was the defendant in Cabana?

Cabana, 716 A.2d 576, the defendant was the host of a TV show who struck a guest in the face during the taping of a show. The guest then sued for Simple Assault. The defendant admitted to striking the guest but argued that it was so trivial that it could not be considered Simple Assault.

What is simple assault?

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.

What happens if a judge issues a restraining order against you based on simple assault accusations?

If a judge issues a final restraining order against you based on simple assault accusations, you will be prohibited from having or using a weapon for the rest of your life and subject to criminal charges for contempt if you violate any of the provisions contained in the FRO.

What is the maximum fine for simple assault?

When simple assault occur in a mutual fight or scuffle, it will be charged as a petty disorderly persons offense, which carries a jail term of up to 30 days and a maximum fine of $500. The second legal course of action which may result from domestic violence and simple assault is a restraining order. Protective orders are handled in New Jersey ...

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.

How long is a simple assault charge?

This means that a simple assault charge will be adjudicated at the Municipal Court level, punishable by up to 6 months in the county jail and a fine of up to $1,000. When simple assault occur in a mutual fight or scuffle, it will be charged as a petty disorderly persons offense, which carries a jail term of up to 30 days and a maximum fine of $500.

What does "negligently causes bodily injury" mean?

Notice, there are several different types of injury recognized under NJ law. “Bodily injury” means physical pain, illness or any impairment of physical condition.

Is simple assault a restraining order?

Simple assault as a predicate act of domestic violence is part of your restraining order case. A defendant can have a criminal charge for simple assault, a restraining order, or both. One is completely independent of the other.

How long is aggravated assault in jail?

Simple assault and aggravated assault have different penalties due to the severity of the crime. Simple Assault – Up to 6 months in jail or $1,000 fine. Aggravated Assault –. Second Degree – 5-10 years in prison with fines of up to $150,000. Third Degree – 3-5 years in prison ...

How long does it take to get an assault case dismissed?

Statute of Limitations – If the assault occurred more than two years before an assault charge is filed, a lawyer may be able to use this to get the case dismissed. Assault and battery charges must be filed by the plaintiff within two years of the alleged event taking place.

How long is assault in Burlington?

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 ja il as a penalty. Aggravated Assault can be either a second, third, or fourth-degree charge. If you have been charged with a simple or aggravated assault offense of any degree in Burlington ...

What is simple assault in New Jersey?

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.

What is a substantial bodily injury in New Jersey?

Substantial bodily injury is bodily injury that results in a temporary loss of the function of any bodily member or organ or temporary loss of one of the five (5) senses.

What is an alibi in a criminal case?

Alibi – If the defendant was not present during the attack, the lawyer may be able to use this to defend against an assault charge. The defendant must be able to provide substantial proof that he/she was not present at the time of the attack.

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 happens when you are charged with simple assault in NJ?

If a person aged over 18 is charged of simple assault in New Jersey, he or she will be taken into custody and will be issued a warrant to show up in court to plead guilty or not guilty. When you are charged of simple assault, one option you have is to hire a criminal lawyer to defend you and have you acquitted.

Do you need an attorney for simple assault?

You might think that as simple assault is a misdemeanor, there is no need for a lawyer. But on the contrary, wrongful or improper representation of someone accused of simple assault can lead to conviction. A conviction means that you will have to serve either jail time, pay a heavy fine or commit to community service for a specific period.

What Constitutes an Assault Charge in New Jersey?

New Jersey Law says a person is guilty of assault if they commit one of three actions:

What is the Difference Between a Simple Assault and Aggravated Assault?

The basic difference between the two is that simple assault is considered a disorderly persons offense, while an aggravated assault is considered an indictable crime. Disorderly person’s offenses, including simple assault, are tried in Municipal Court and if convicted risk a less harsh fine and sentence.

What Kind of Sentence Can an Individual Face if Convicted of Simple Assault?

As previously mentioned, simple assault is a disorderly person’s offense tried in Municipal Court. Simple assaults constitute a disorderly person’s offense and sentences include jail for up to six months, probation, a fine of up to $1,000, and additional surcharges.