Linden NJ Simple Assault Lawyer
Defense Attorneys for Assault Charges in Union County, New Jersey
The New Jersey simple assault laws are broad and encompass a wide range of actions which include, injuring someone, attempting to injure someone or physically menacing someone in a fight. The Proetta & Oliver is a Union County law firm which is exclusively committed to defending clients charged with criminal offenses in New Jersey. We typically represent individuals charged with simple assault and other charges such as Terroristic Threats and Harassment throughout New Jersey, including in Cranford, Union Township, Elizabeth, Westfield and Roselle Park. Simple assault is a criminal charge that can result in probation, community service, and jail time. Therefore, it is important that you have the representation of an experienced assault lawyer. As founding attorney, Will Proetta, Esq., has handled well over 1,000 cases in Superior and Municipal Courts throughout his career. We can provide you with the help you need to put this matter behind you, so contact office today at (908) 838-0150 for a free initial consultation with an experienced simple assault defense attorney.
New Jersey Simple Assault Law N.J.S.A. 2C:12-1
Simple assault is a criminal offense in New Jersey and is governed by N.J.S.A. 2C:12-1, which provides in pertinent part:
A person is guilty of a 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
(3) Attempts by physical menace to put another in fear of imminent serious bodily injury.
Penalties for Simple Assault in New Jersey
Simple assault is defined as a disorderly persons offense in New Jersey which is equivalent to a misdemeanor. A conviction for a disorderly persons offense carries up to 6 months in jail and $1,000 fine. Moreover, you can be ordered to attend counseling, perform community service and pay restitution or medical bills. It is also important to note that the “victim” does not have to sustain any injury for simple assault to be proven under law – mere threat of bodily injury is enough. In some circumstances, if serious injury is suffered or if the victim is a police officer, simple assault will be upgraded to the indictable felony charge of Aggravated Assault, which is punishable by a prison sentence.
When Simple Assault involves Domestic Violence
In many situations, a charge for simple assault will arise in the context of domestic violence. For instance, if police are called to the scene of an alleged domestic violence incident and one of the parties involved says the other person attempted to injure them, the alleged attacker may face charges for simple assault. The alleged victim in this scenario can also file a temporary restraining order, which is civil in nature and will be adjudicated in the Family Division of the Superior Court. When you are accused of simple assault, your criminal charges will be handled in the local Municipal Court where the alleged offense occurred.
Notably, a restraining order and a criminal charge for simple assault are two distinct legal proceedings, neither of which should be taken lightly. The consequences of a conviction for simple assault include potential jail time and a criminal record, as explained above. In addition, a final restraining order issued against you can significantly affect where you live, places where you can and cannot go, your child custody arrangement, and much more. Violating a restraining order can also lead to further prosecution from contempt of a court order in New Jersey.
Charged with Simple Assault in Rahway
If you or a loved one has been charged with simple assault in Union County, New Jersey, including Linden, Hillside, Roselle, Springfield or Scotch Plains then take advantage of this opportunity to contact an experienced simple assault lawyer at (908) 838-0150 for a free initial consultation. The attorneys at Proetta & Oliver will thoroughly discuss the circumstances of your case and outline some possible defenses that may be available to you. We regularly defend clients charged with simple assault and those facing restraining orders for alleged acts of domestic violence in Union County and throughout New Jersey.
Additional Information for NJ Simple Assault
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