who is the cheapest simple assault lawyer in nj

How do you beat a simple assault charge in NJ?

Can simple assault charges dropped NJ?

What is the New Jersey statute for simple assault?

What is the statute of limitations on assault in NJ?

Is simple assault a felony in New Jersey?

What happens if someone is charged with assault?

How does New Jersey define assault?

Does assault have to be physical?

How do I drop charges against someone in NJ?

How long do you have to press charges in NJ?

How long does a prosecutor have to indict you NJ?

What crimes have no statute of limitations in NJ?

What is simple assault in New Jersey?

Simple Assault charges are fairly common in municipal courts throughout New Jersey. The offense certainly isn’t confined to thugs and gang members. “Regular” people are charged with simple assault all the time as the result of arguments that escalate into physical contact, intoxicated behavior, domestic disputes and any number of other reasons. If you are facing a simple assault offense anywhere in NJ, it is important that you retain the best attorney to defend you since this charge carries penalties and collateral consequences that can be severe.

What is the New Jersey law on assault?

The New Jersey law addressing the offense of simple assault is provided for in N.J.S.A. 2C:12-1. This violation is somewhat unique because it is triggered as the result of not only purposeful or knowing conduct, but also reckless or even negligent behavior. Someone commits a disorderly persons offense for simple assault if he/she:

How long is a simple assault in jail?

If the simple assault involves a third-degree offense it carries up to five (5) years in jail. If the simple assault is a fourth-degree offense, then the maximum jail is 18 months. For a more detailed discussion on penalties for indictable charges, please consult Degree/Grade of Offense page. In the vast majority of cases, however, a simple assault will involve a disorderly persons offense since the victim is not a police officer, teacher or other individual falling under a protected class enhancing the offense to aggravated assault. The penalties for a disorderly persons conviction of simple assault are:

What is conditional discharge in New Jersey?

The diversionary program in New Jersey for non-drug disorderly persons offenses is Conditional Dismissal. An individual avoids a criminal conviction and all of the penalties for simple assault if they are admitted into and successfully complete a period of Conditional Dismissal probation which is typically one (1) year. Eligibility is limited to individuals who have never obtained Pretrial Intervention (“PTI”), Conditional Discharge or Conditional Dismissal previously (i.e. you are allowed one and only diversion under NJ Law).

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

New Jersey allows an individual to expunge a conviction for simple assault provided the applicant waits five (5) years from the date that all conditions of a sentence are completed. If a simple assault is resolved through Conditional Dismissal, there is a six (6) month waiting period to remove a simple assault arrest from a record.

Can a simple assault be a restraining order?

When this is the case, a criminal charge for simple assault can not only arise but also a restraining order. Two separate court proceedings, one involving prosecution of an assault offense and another in family court to decide whether the temporary restraining order should become final.

Is simple assault a felony?

Simple assault is typically a disorderly persons offense. Where the violation arises as the result of a consensual fight or scuffle, then simple assault is a petty disorderly persons offense. If the victim of a simple assault is a police officer or some other public official, for example, a teacher or coach, then the conduct results in an aggravated assault offense which is an indictable felony. Aggravated assault arising in this context is a third-degree crime if it results in bodily injury and a fourth-degree crime if it doesn’t. The criminal lawyers at our firm are often successful in obtaining a downgrade of a simple assault charge and/or dismissal altogether.

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 ...

Can you be indicted for assault?

This is only for Simple Assault. If the charges are enhanced and you are indicted for Aggravated Assault, the penalties are much more severe.

Can you be ordered to attend anger management classes?

Even for a first offense Simple Assault, you could also be ordered to attend mandatory anger management classes, have electronic monitoring in-place, and lose their ability to own or possess a firearm.

Is simple assault a felony?

The state may decide to indict a person initially charged with Simple Assault with Aggravated Assault – a much more serious felony offense.

What is simple assault in New Jersey?

Simple assault is typically the crime charged if an individual is accused of causing or attempting to cause bodily injury to another in cases where the injuries or potential injuries were not severe. The prosecution in New Jersey can prove simple assault in three ways under N.J.S.A. 2C:12-1, including by proving that the accused person:

How to get a conviction for assault in New Jersey?

To obtain a conviction for assault, at the most basic level the prosecution must prove that the accused individual caused or attempted to cause bodily injury to another person. New Jersey divides the crime of assault into two distinct categories—simple assault and aggravated assault. The range and severity of potential punishments that may apply upon conviction varies depending upon this basic initial categorization, as well as a number of other factors, such as the severity of the injury caused. Although “simple assault” is the lesser of the two crimes, if you have been arrested or investigated for simple assault in Mercer County, it is important to remember that this is still a violent crime that requires the advice of experienced legal counsel as early as possible.

What is a simple assault case in Mercer County?

The advice of a seasoned Mercer County simple assault lawyer can be especially valuable in simple assault cases because of the low standard of proof that the prosecution faces in these cases. For example, although intent is an important element of any crime, in the case of a simple assault charge, it is sufficient that the prosecution prove that the accused person acted negligently in causing the injury. This means that if you did not actually want the weapon used to make contact with the alleged victim, if it was reasonable to assume that you should have been aware of the possibility of contact and injury under the circumstances, negligent simple assault can be proven.

Is simple assault a disorderly person offense?

Simple assault is a disorderly persons offense under New Jersey law unless the injury involved occurred because of a fight that both parties entered into willingly, in which case the degree is reduced to a petty disorderly persons offense. Disorderly persons offenses are generally punishable by:

What are the penalties for Simple Assault in New Jersey?

Simple Assault is one of the most commonly charged offenses in New Jersey. This due to various factors, but mostly because most altercations between two or more parties do not arise to the severity of aggravated assault and also because the simple assault statute is broadly written. Simple assault charges and arrests occur when a defendant:

Wall NJ Simple Assault Lawyer

If you or a loved on is facing a simple assault charge, it is important that you understand the penalties you face and the options you have. Simple assault cases are heard in the municipal court with jurisdiction over the locality of the offense. and convictions may result in probation, community service, and incarceration.

Jackson NJ Simple Assault Attorney

Pursuant to New Jersey law, simple assault is a disorderly persons offense punishable by up to 6 months in jail, community service, mandatory counseling, restitution, and steep fines. Simple assault charges are aggravated if the aggrieved party is a victim of domestic violence.

What is simple assault in New Jersey?

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 dispute, a victim files a complaint, or authorities observe physical signs of injury with reasonable belief that a person has been abused, charges for simple assault may soon follow. 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 or accused of simple assault in a temporary restraining order in New Jersey, it’s essential to understand how to protect yourself.

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 many predicate acts of domestic violence are there in New Jersey?

In order to be charged with a domestic violence criminal offense or issued a restraining order in New Jersey, you must be accused of committing one of the 19 predicate acts of domestic violence in New Jersey. Simple assault is one of these acts, governed by section N.J.S.A. 2C:12-1 of the New Jersey Statutes. 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:

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 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 is considered a deadly weapon in New Jersey?

What is considered a “deadly weapon” under New Jersey Simple Assault Law? A deadly weapon can refer to any firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury or which in the manner it is fashioned would lead the victim reasonably to believe it to be capable of producing death or serious bodily injury.

What happens if you are arrested for assault in New Jersey?

If you’ve been arrested for assault charges in New Jersey, you could be facing some very serious consequences which vary depending on the grading of the crime . The charge will be graded as a disorderly persons offense (misdemeanor) or as an indictable charge (felony) depending on the facts and circumstances of the incident including the nature and extent of the force used, the nature and extent of the injuries to the alleged victim, and whether or not a weapon was involved in the assault. A lengthy prison sentence and a violent crime on your criminal record should be avoided in any case.

What are the penalties for aggravated assault?

Regardless of the degree of the aggravated assault offense, you will be exposed to the following potential penalties: 1 Fines 2 Jail Time (State Prison or County Jail) 3 Probation 4 A Permanent Indictable (Felony) Charge on Your Record

How is the degree of assault determined?

The degree is determined by factors including the nature of the force used, the nature of the injuries to the victim, whether or not a weapon was involved, and even who the person was (for example, a law enforcement officer, a nurse, a fireman, etc.). Regardless of the degree of the aggravated assault offense, you will be exposed to ...

What defenses can a criminal defense attorney use against a state?

NOTE: An experienced criminal defense attorney can combat the State’s charges with any of the following potential defenses: Self-defense. Defense of others. Mutual fighting. The injuries to the alleged victim are not severe. There was not a weapon involved. The alleged victim does not want to press charges.

Is assault a misdemeanor?

A simple assault charge is clearly preferred to other more serious charges. It is treated as a misdemeanor disorderly persons offense, so you won’t end up with a criminal record, and you won’t spend years in jail. If we can prove that your case wasn’t aggravated assault at all, we’re on the right path to getting you out of trouble.

Is there a weapon involved in an assault case?

There was not a weapon involved. The alleged victim does not want to press charges. Assault cases frequently depend on the circumstances surrounding the event. Frequently, it’s us to the me as a defense attorney to recreate that event in the court room.

What is assault in New Jersey?

New Jersey law defines an assault charge by the injury sustained by the victim. There are two (2) versions of assault: simple assault and aggravated assault.

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.

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 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.

What is bodily injury in New Jersey?

New Jersey defines bodily injury as physical pain, illness, or any impairment of physical condition. This is virtually “any” form of pain.

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.