It does not excuse the assault, but it is a special type of case when assault happens among those considered domestic abuse victims and perpetrators. 39:4-50, Frequently Asked Questions (FAQs) About NJ DWI Cases, Refusal to Submit to a Breath Test in a School Zone, Second Offense DWI in New Jersey N.J.S.A. If convicted, depending on the seriousness of the circumstances, a person can face up to 10 years in prison and a fine of up to $150,000 (i.e. A licensed attorney should be contacted if legal advice is sought. 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. 2. 2C:39-7, Illegal Possession of a Handgun N.J.S.A. In order to be considered a simple assault, your accuser will have to prove that: Intent: You intended to harm them or threaten to harm them Reasonable apprehension: The victim perceived your intention Harm: The victim was harmed (but did not sustain serious bodily harm) or afraid of being harmed because of threats A simple assault in New Jersey is considered a less serious crime than aggravated assault. With experienced criminal defense attorneys and a current New Jersey prosecutor on staff, we have the strategies that can lead to a win in the courtroom. When a simple assault is charged as a disorderly persons offense, or a petty disorderly persons offense, the offense can be expunged four years after you complete your sentencing and pay any fines or meet other conditions. 39:3-40, Leaving the Scene of an Accident N.J.S.A. Give us a call and we will immediately begin to look through the specific details of your file and formulate a winning strategy that will work for you. Driving under the influence is one of the most serious traffic offenses. Cause or attempt to causeeither purposely or . 39:4-96, Speeding Violations in New Jersey: N.J.S.A. Simple assault typically refers to a fight or an attack in which one party sustains mild injuries and charges are pressed against the alleged attacker. Aggravated Assault Charges NJ document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); If youve been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. As such, a conviction can result in up to 6 months in jail and a fine of up to $1,000. ","acceptedAnswer":{"@type":"Answer","text":"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: Like any other crime, any person convicted of simple assault will have a permanent criminal record. If you are facing simple assault charges on top of other crimes, you may be able to plea to other charges. NJ Crime Degrees & Penalties | Degree of Offenses | Parsipanny Criminal http://criminallawyerinnj.com/assault-charge/ How to beat an assault charge NJ(Assault Defense Strategies Are Below. Aggravated assault differs from simple assault because it requires that a person causes, or attempts to cause, serious bodily injury. Oradell NJ Simple Assault Charges Dismissed ","acceptedAnswer":{"@type":"Answer","text":"Facing a simple assault charge is definitely scary, but it is important to remember that there are many defenses and potential holes in the prosecutions case. What to Do if You're Charged with Simple Assault in Pennsylvania Fourth Degree - Up to 18 months in prison with fines of up to $10,000. How to Beat a Simple Assault Charge in Texas | Thiessen Law Firm Aggravated Assault. How to Beat Disorderly Conduct Charge Metlife Stadium NJ | NJSA 2C:33-2a Simple assault often occurs in episodes of domestic violence, when arguing with neighbors, or in instances of public intoxication. Simple assault is considered a violent crime and is a serious offense. Call Anthony for a free consultation and start building your defense against simple assault. Individuals may even lose their right to own or possess a firearm or other weapon. If youve been pulled over for DUI/DWI, contact one of our attorneys. Police officer did not read miranda in my DUI case. "}},{"@type":"Question","name":"What Are the Penalties for Simple Assault? Copyright 2023 Rosenberg | Perry & Associates All rights reserved. A defendant convicted of simple assault can be fined, ordered to make restitution, or both. 2C:39-5(b), Paintball Guns, BB Guns, and Airsoft Guns N.J.S.A. A conviction for simple assault can be expunged from ones criminal record provided the individual meets all other expungement requirements in NJ. To learn about your legal options, call a New Jersey simple assault lawyer at The Law Office of Jason A. Volet now. Was looking at Should I hire the cheapest NJ DUI lawyer? Dont assume that you should just pay a traffic ticket. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies. Should I hire a local lawyer for my NJ DUI case? In hiring an attorney, you can get easier access to the prosecutor to discuss the case at all stages of the proceedings. Domestic Violence Aggravated Assault, Terroristic Threats Dismissed in Essex County NJ, Domestic Violence Simple Assault Charges Dismissed in Carlstadt, NJ, Driving under the Influence (DUI) of Heroin in New Jersey, Driving under the Influence of Marijuana (DUI), Driving under the Influence of Oxycontin in New Jersey, Driving while Intoxicated (DWI) Charge Dismissed Thanks to the Tormey Law Firm LLC, Controlled Dangerous Substances Near or On School Property: N.J.S.A. If you have been charged with simple assault, you know that theres nothing simple about beating this charge. Any type of indictable offense in New Jersey is equivalent to a felony in other states. Moreover, even if a person does not go to jail, a conviction means suffering myriad consequences far beyond the court-imposed penalties, such as the impact on ones ability to get or keep a job, attend school, find a place to live, and more. It is of utmost importance that you consult an experienced criminal defense lawyer to help you understand the intricacies of the charges brought against you and direct the preparation of a strong defense strategy. 2C:29-9, Failure to Turn Over Drugs to Law Enforcement, Marijuana Offenses Possession and Distribution, Prescription Drugs Possession and Distribution N.J.S.A. The Rosenberg | Perry & Associates team is dedicated to providing compassionate, aggressive legal services to help you navigate assault charges and other legal issues. He also earned inclusion among the Top 40 Trial Attorneys Under 40 in the Nation in 2014 by the National Trial Lawyers Association. In essence, someone with intentional or negligent action hurts someone else or frightens them into thinking they are about to get hurt. If you threaten someone or cause them to fear serious bodily injury, you can be charged with assault. Facing a simple assault charge is definitely scary, but it is important to remember that there are many defenses and potential holes in the prosecutions case. Contacting us does not create an attorney-client relationship. Simple Assault Charges - NJ Punishment and Defense - YouTube His team was accommodating and the ultimate outcome was better than expected. Tell the story from your perspective. You got in a heated argument with your boss at work, your spouse, someone youre dating, or a random stranger at a bar, and it turned ugly. 2C:17-1, New Jersey Carjacking Charges N.J.S.A. Are there work or temporary licenses after DWI NJ? 2C:39-5(c) in NJ, Violation of a Restraining Order 2C:25-30, Ways to Secure Pretrial Release from Jail in NJ. If convicted, a person can face up to 6 months in jail and be subjected to a fine of up to $1,000 (i.e. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. Adam H. Rosenblum (Jan 6, 2020). What Are Possible Defenses to a Simple Assault Charge? The state defines serious bodily injury as any injury that results in a significant risk of death or an injury that causes serious and permanent disfigurement, a loss of any bodily function, organ, or one of the five senses. 2023 Rosenblum Law. The most common defenses include: To tell us your story and discuss the potential defenses in your case, please call us today. As such, a conviction can result in up to 6 months in jail and a fine of up to $1,000. You may not know the choices you have to defend yourself against the charges or that the circumstances of the assault matter when it comes to charges and penalties for a violation of the law. Vecchio was very thorough and efficient. 2C:12-1 (b), there are 11 ways a person can be found guilty of aggravated assault: Cause or attempt to cause serious bodily injury to another individual purposely, knowingly, or under circumstances manifesting an extreme indifference to the value of human life. Classified as a disorderly persons offense, simple assault carries with it penalties of up to six (6) months in the county jail and a fine of up to $1,000.00. These cases need to be handled carefully in order to secure the best possible outcome. 2C:15-2, New Jersey Criminal Mischief N.J.S.A. 2C:29-2, Under the Influence of Drugs in Public Charges in NJ, Underage DUI or DWI in New Jersey Fight These Charges, Unlawful Possession of Other Weapons NJ, Unlawful Possession of Handguns N.J.S. Rosenblum Law Firm, https://rosenblumlaw.com/our-services/criminal-defense/assault/simple-assault-2c12-1a/, Adam H. Rosenblum "Simple Assault in New Jersey N.J.S.A 2C:12-1(a)". 2C:12-1(a). 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If the accused was defending others and property, like their friends, spouse, children, or home, the charges may also be dropped or downgraded. NJ Robbery Lawyer - Fight Robbery Charges In NJ; NJ Simple Assault Charges 2C:12-1; NJ Strangulation Offenses, Law, & Penalties; NJ Tresspassing Charges 2C:18-3; No Early Release Act NERA in New Jersey; Not Every Lawyer is a Good DWI LawyerWhat You Need to Know When Hiring a DWI Defense Attorney; Obstruction of Justice Charges N.J.S.A. Simple assault NJ - Simple Assault NJ Penalties - Criminal Lawyer In NJ These question usually comes from a victim who does not want to go forward with a prosecution. We will examine every facet of your case in order to defend your constitutional rights and reputation. What would normally be considered a simple assault, if directed toward a police officer, fireman, school teacher, or many other types of professionals, will likely be upgraded to aggravated assault. A judge can, however, order a higher fine not to exceed double the amount of loss suffered by the victim. Vecchio was very thorough and efficient. Presumption of Non-Incarceration - What does it mean document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Rosenberg | Perry & Associates will not share any details on your case with those outside the law firm, subject to our confidentiality agreement. Domestic Violence Simple Assault in NJ - Tormey Law Firm Restraining If the offense happens during a mutual fight, the penalties are reduced to 90 days in jail and a $500 fine. As a former prosecutor, Jason Volet understands the many defenses available that can help you fight these charges. If the assault also involved certain circumstances such as domestic violence, it can be considered a first degree felony with punishments that include up to life in prison. A petty disorderly persons offense is up to 30 days in jail and up to a $500 fine. constitutional rights"-JON. 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. (3) Attempts by physical menace to put another in fear of imminent serious bodily injury. However, an attorney familiar with the domestic violence and criminal laws applicable to such a scenario can help you fight the case on all fronts to defend your innocence. Mr. A person is guilty of simple assault if he or she: (1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or, (2) Negligently causes bodily injury to another with a deadly weapon; or. The Tormey Law Firm Can Help, Child Abuse and Endangerment in Union County NJ, Civil Restraints in NJ Restraining Order Cases, Community Service Instead Of DWI Penalties, Credit Card Fraud Charges N.J.S.A. A person is guilty of assault if he: (1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or (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. In that way, you avoid the possibility of imprisonment if you violate a court-ordered restraining order in civil court by entering a civil restraints agreement. Click SHOW MORE) Simple Assault Charges NJ 2C:12-1. When accidents happen, you need to focus on getting better. 2C:12-1(a) Simple Assault Statute. 2C 12-1, most simple assaults are classified as disorderly person charges, punishable by up to 6 months in jail and a $1,000 fine. Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or, Negligently causes bodily injury to another with a deadly weapon; or. We are well-versed in domestic violence law in New Jersey and committed to walking you through your upcoming legal proceedings with fierce dedication to protecting your interests. When one individual attempts to severely injure another, recklessly injures someone with a knife or other weapon or points a gun at someone, among other conduct, they may be prosecuted for aggravated assault. sentenced to serve up to 6 months in jail, required to pay restitution to the victim, required to attend anger management classes, sentenced to probation and electronic monitoring. Simple assault is a disorderly persons offense in New Jersey. 39:4-50, Expunge a Disorderly Persons Offense (DP), Expungement of PTI or Conditional Discharge, Frequently Asked Questions (FAQ) in Juvenile Cases, Juvenile Rules Governing Pre-Trial Detention, Juvenile Rules Governing Custody and Detention, Luring, Enticing, and Solicitation Charges, Leaving the Scene of an Accident Criminal Charges, Leaving the Scene of an Accident Traffic Violation, Certain Persons Offenses N.J.S.A. If you have been charged with simple assault, contact us online to arrange a free case evaluation with a criminal defense attorney to learn more about how our firm can help with your case. 2C:36-2, Possession of Marijuana Under 50 Grams N.J.S.A. If you are in an intimate relationship with the alleged victim, they may seek a restraining order against you. However, the person applying cannot have more than 4 other disorderly persons convictions (5 total) or more than 1 indictable offense and 2 other disorderly persons offenses.
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