Belmar NJ Simple Assault Defense Lawyers
Charges for simple assault can arise from a variety of situations, including bar fights, game-time scuffles, and domestic violence incidents. Regardless of the origin of these charges, a conviction for a criminal offense classified as “violent” can lead to a host of negative consequences for your life. New Jersey law states that simple assault is the infliction or attempted infliction of bodily harm under certain circumstances. It also includes negligence with a deadly weapon that causes bodily harm. Lastly, physical conduct that places another in fear of imminent serious injury is considered simple assault under New Jersey law.
Simple assault, which is typically considered a disorderly persons offense, is punishable by a 6-month term of imprisonment in the county jail and up to $1,000 in fines. On the other hand, if you entered into the altercation mutually, you may be charged with a petty disorderly persons offense, which can entail a 30-day county jail sentence, and a maximum fine of $500. Both of these charges, which will result in a conviction on your criminal record if found guilty, are adjudicated at the Municipal Court level.
With the seriousness of an assault charge hanging over your head, it is critical to find a defense lawyer with significant experience representing clients who face these charges. The attorneys at Chamlin, Uliano & Walsh have assisted countless clients in resolving their assault cases. We know that many times, an assault charge is simply the result of unfortunate circumstances, with a person who was just in the wrong place at the wrong time. If you have been charged with simple assault in Monmouth County or Ocean County, New Jersey, contact our West Long Branch offices today at 732-440-3950 to discuss your case and find a guide through the legal process.
to Your Way Through The Criminal Justice System What Should I do if
I was Charged with a Crime in New Jersey?
Simple Assault ~ N.J.S.A. 2C:12-1(a)
The New Jersey Criminal Code addresses simple assault in N.J.S.A. 2C:12-1(a), stating the following with regard to these offenses:
A person is guilty of assault if he:
(1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another;
(2) Negligently causes bodily injury to another with a deadly weapon; or
(3) Attempts by physical menace to put another in fear of imminent serious bodily injury.
Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.
Penalties for Simple Assault in New Jersey
Simple Assault as a Disorderly Persons Offense: maximum sentence of 6 months to be served in the county jail and a fine of up to $1,000
Simple Assault as a Petty Disorderly Persons Offense: maximum sentence of 30 days to be served in the county jail and a fine of up to $500
Other penalties for simple assault could include electronic monitoring, restitution, anger management programs, community service, and probation. Even though the actions causing these charges may occur in the heat of the moment from an argument that arises out of nowhere, the conviction’s consequences can last a lifetime. A simple assault conviction remains on your criminal record unless the conviction is later expunged. One of the primary benefits of a skilled defense attorney is that they are committed to seeking alternatives to a conviction, which can adversely affect your future educational, employment, and life opportunities. Lastly, simple assault as a domestic violence charge may also result in a restraining order or negative child custody implications that prevent you from being with your loved ones.
Is Simple Assault a Felony in New Jersey?
Simple assault is a disorderly persons offense, which is the equivalent of a criminal misdemeanor. It is not an indictable crime, otherwise known as a felony offense. Notably, the line is often thin between simple assault, which in most cases is a disorderly person offense, and aggravated assault, which is a felony charge. Simple assault and aggravated assault are primarily different in terms of the offense’s severity. Aggravated assault includes the infliction of severe bodily harm upon another, knowingly or recklessly. It can also involve severe disregard for the value of human life, such as pointing a firearm at another. Simple assault on certain individuals, such as law enforcement officials or public service workers, is escalated to a charge of aggravated assault.
Building a Defense in a Simple Assault Case: Attorney Strategies
A skilled attorney will use various strategies for your defense, which should be customized based on all of the evidence and surrounding circumstances of your case. Possible defenses include demonstrating a lack of intent, self-defense, inaccurate identification of the perpetrator, false accusation by the alleged victim, and extenuating circumstances warranting the severity of the action. A knowledgeable defense lawyer who understands the importance of gathering substantial and diverse evidence, interviewing witnesses and experts if applicable, and challenging the prosecution’s case, is a key component of a successful defense in a simple assault case. In other cases, a plea bargain, in which the defendant pleads guilty to a lesser charge or set of charges, may be sought and result in a shorter sentence. This, as well, requires the professional legal support of a simple assault defense attorney.
Alternatives to Secure a Dismissal of Simple Assault Charges in Monmouth County NJ
First-time offenders charged with simple assault may be eligible for a diversionary program known as Conditional Dismissal. The conditional dismissal program is exclusively available to those with no prior criminal convictions, who have not previously completed a diversionary program such as the Pre-Trial Intervention Program in New Jersey, and who have not been charged with simple assault in a domestic violence case. Eligible individuals must successfully complete the application process for the program in Municipal Court, be approved and enter into the program, and comply with all of the conditions during the probationary term, which normally lasts for one year. Once this period expires, as long as you have completed all of the requirements, the charges are dismissed. Upon dismissal of a simple assault case by way of this program, you become eligible to file for an expungement, which can erase all records of the case as if it had never occurred.
Contact Asbury Park NJ Simple Assault Lawyers for Help with Your Case
There is nothing simple about a simple assault charge, and its effects can spell negative implications in more areas of your life than you anticipate. The experienced attorneys at Chamlin, Uliano & Walsh have a successful record of representing defendants charged with simple assault in Wall, Colts Neck, Freehold, Long Branch, Middletown, Red Bank, Howell, Manasquan, Toms River, Point Pleasant, and the greater Monmouth and Ocean County region. We develop a strong case in your defense, and our team is equally prepared to negotiate for lesser penalties or seek a better alternative to the potential consequences you face, if necessary. To learn more about how our Monmouth County assault defense lawyers can protect the interests of you or someone you love, contact us today at 732-440-3950 for a confidential consultation.