Roselle Assault Offenses
February 26, 2020
Assault Lawyers in Roselle NJ
Roselle is a great place to live due to its proximity to New York, available transportation, and access to parks and activities. People in Roselle can enjoy a stroll through the 200 acres of Warinanco Park and then stop to grab a coffee downtown. However, no matter how quaint a town may be or how much we may love a particular place, no town is exempt from crime. In the Borough of Roselle, assault charges happen just as they do in every other town in Union County, New Jersey, and across America. Sometimes assaults are intentionally committed, while in other circumstances the person never set out to commit an offense at all. Under New Jersey law, assaults can happen on purpose, by accident, or by acting in a reckless manner. While the offense of assault varies in severity from a more serious charge of aggravated assault to a lesser offense of simple assault, the one constant that remains is the possibility of serving time in jail if convicted. If you or a loved one has been arrested on assault charges in Roselle, New Jersey, you are best advised to speak to an experienced criminal defense lawyer who can outline the specific punishments that apply in your case and assist you with effectively navigating the court process. At Proetta & Oliver, our local criminal attorneys defend clients charged with simple assault in Roselle Municipal Court, as well as aggravated assault in Union County Superior Court. To discuss your case with a member of our team free of charge, contact our office at (908) 838-0150 or request a free consultation online and someone will get back to you expediently.
Charged with Assault in Roselle, New Jersey
When it comes to assault charges in Roselle, New Jersey, you can tell if you have been charged with a felony or a misdemeanor by the court you are required to attend. Disorderly persons offenses for simple assault, which are similar to misdemeanors elsewhere, are heard in Roselle Municipal Court located at 210 Chestnut St, Roselle, NJ 07203. A trial in this court will be before a judge only, not a jury. On the other hand, indictable felony aggravated assault offenses are heard in Union County Superior Court located at 2 Broad St, Elizabeth, NJ 07201. These cases require an indictment based on sufficient evidence and a trial before a jury before a finding of guilt can be made.
Roselle Aggravated Assault Charges
Under New Jersey statute section N.J.S.A. 2C: 12-1, a person commits aggravated assault if he or she purposely or knowingly causes bodily injury to another with a deadly weapon. Excluding weapons-related charges, aggravated assault can be charged if a person causes or attempts to cause serious bodily injury to anyone. A serious bodily injury is one in which a person suffers more than mere pain. Some examples of serious injuries include broken bones, deep wounds, or a loss of consciousness. Aggravated assault is an indictable offense (felony) that will result in a criminal record if convicted. In New Jersey, aggravated assaults are either second, third or fourth degree crimes and convictions can result in imprisonment in a New Jersey State Correctional Facility.
For second degree assault crimes, a person can go to jail for 5-10 years and in some cases, they may be required to serve 85% of the sentence before eligible for parole. In the case of a third degree aggravated assault, there is no presumption of incarceration for first time-offenders, but the court can require a prison term of 3-5 years. A fourth degree offense for aggravated assault or another assault crime such as assault by auto, will allow a lesser sentence of 12-18 months in state prison.
Aggravated assault can occur in a multitude of ways and some cases also qualify as domestic violence. By way of example, a few years ago, there was a serious criminal case of aggravated assault in Roselle involving a man who was charged with breaking into a woman’s apartment and assaulting her at gunpoint. The reason the case made headlines was because, after the first assault, the defendant was let out of jail without bail in accordance with Criminal Justice Reform (CJR) and he thereafter killed the woman and himself. The woman had a restraining order against him on the first occasion of assault, which makes the offense also a violation of a restraining order. Under the provision of New Jersey assault law, this man committed aggravated assault when he used a firearm in the course of committing an assault offense.
Facing Simple Assault Charges in Roselle NJ
Unlike aggravated assault, simple assault happens when someone either causes or tries to cause injury to another, puts another in fear of injury, or negligently causes injury with a deadly weapon. If the injury is not serious or significant and simply caused pain or discomfort, a person may be charged with the lesser offense of simple assault. This is true unless the victim in the case is a police officer, other public servant, or person serving in one of the roles specified in the statute, such as a school bus driver. A finding of guilt for simple assault is much easier to achieve than that of aggravated assault because no real injury needs to occur to obtain a conviction. Specifically, the simple assault section of the statute holds that anyone who “attempts” to put another in fear of serious injury by physical menace can be charged. Further, you can be charged with simple assault if you did something that caused another person injury recklessly. Anyone who causes bodily injury to another “recklessly” can be found guilty of simple assault. As mentioned, some simple assaults are elevated to third degree crimes if they are committed upon certain persons like law enforcement, emergency service personnel, teachers, or judges.
The law punishes acts of simple assault by 6 months in the county jail. Additionally, the court can place a person on probation and require them to attend anger management, pay fines up to $1,000, mandate court costs, and order a $100 domestic violence surcharge if the simple assault occurs in the context of domestic violence. Like other forms of assault, a simple assault charge, coupled with a dating or other domestic relationship, also forms the basis of a restraining order.
Roselle Assault Defense Attorneys
No matter whether your assault case is scheduled to be heard in Roselle Municipal Court of Union County Superior Court, it is extremely important to have an attorney familiar with these courts and how to handle assault charges. With years of experience, attention to detail, and knowledge of these specific courts, our Roselle assault defense lawyers are poised to successfully advocate on your behalf. Call us today at (908) 838-0150 for a free consultation.