What is simple assault in NJ?
Before I answer the question about how to get Simple Assault charges dropped in NJ, let’s answer the question: “What is Simple Assault in NJ?”
Every state has different laws.
In this post, we will only talk about the Simple Assault laws in NJ.
You see the picture above?
I would bet my house that the man’s Kung Fu kick to the victim’s groin is NOT Simple Assault.
In other words, just by looking at the victim, he seems to be in a world of pain.
The difference between Simple & Aggravated Assault has everything to do with the injuries to the victim.
If you’re interested in reading more about the differences between Simple & Aggravated Assault, click here.
Let’s discuss the three types of Simple Assault charges that we have in NJ.
Simple Assault Definition In NJ
NJSA 2C:12-1a (1)
Attempting to cause, or purposely, knowingly, or recklessly causing, bodily injury to another
This means that you tried & failed to hurt someone
OR that you really did hurt someone
OR you never “intended” to harm anyone but you did so anyway.
NJSA 2C:12-1a (2)
Negligently causing bodily injury to another using a deadly weapon
An example would be pointing your replica gun in the face of a person who suffers from a heart condition.
As a result of your carelessness, the victim suffers a heart attack.
NJSA 2C:12-1a (3)
Attempting by physical menace to put another in fear of imminent serious bodily injury
An example would be shooting a real gun into the side of a house for purpose of scaring the victim.
Back to the reason you are here: How to Get Simple Assault Charges Dropped in NJ?
Once you have been charged with Simple Assault, the case belongs to the State, not the victim.
Even if the victim does not want to go forward with the case, the State can still decide to prosecute.
The Prosecutor represents the State. His/her job is to find the defendant guilty of committing the crime.
Remember this: All crimes are committed against the State.
If you look at the criminal complaint against you, it will say, “State of NJ vs. You”.
It is our job as Criminal Defense Lawyers in NJ to persuade the Prosecutor to drop the charges against you.
How to persuade a prosecutor
Persuading a Prosecutor to drop your criminal charges is not easy.
Getting criminal charges dropped in NJ does not happen often.
Truth be told, it is a long & complicated process.
In order to successfully persuade a Prosecutor to dismiss your case, we have to provide strong evidence that shows you are innocent.
The evidence could take the many forms.
For example, we could give the Prosecutor surveillance videos or cell videos that show you did not commit a crime. We could provide witness statements that indicate you were elsewhere at the time of the crime. We can even hold special hearings before trial to help show that you are innocent.
After we conduct our own investigation of the incident surrounding your arrest, we prepare an “evidence package”.
This is a sensitive & time-consuming project.
But if it results in your case being dismissed, it’s all worth it.
We hold multiple conferences with the Prosecutor to discuss the strengths and weaknesses of the case.
After many months, and sometimes years, we are able to agree on either a dismissal or a plea bargain.
If you want to learn about plea bargaining, here’s a helpful article:
If you have any questions, you can meet with us for FREE.
Here’s an online form.