Simple Assault Lawyers in New Jersey
Our New Jersey Simple Assault lawyers are committed to fighting you. You will benefit from our extensive trial experience.
Most importantly, we will be honest about your chances of winning your case. We never guarantee results. However, we absolutely guarantee that we will aggressively fight for you!
Your Simple Assault case is as important to us as it is to you. Your freedom is on the line. Each case is different and we welcome the opportunity to protect & defend you.
When you hire us, you will get complete access to us. We respond to all communications & really care about our clients. Our fees are reasonable and we offer payment plans.
What We'll Cover
On this page, you will learn the following:
1. Definition of Simple Assault
2. Examples of Simple Assault
3. The penalties, fines & prison time for each Assault offense
4. Alternatives to incarceration
5. Legal Defenses to each Assault Crime
Simple Assault Basics
Simple Assault Charges range from poking to punching someone. (And everything between)
Simple Assault is a common criminal charge in New Jersey.
These charges often arise in Restraining Order type cases.
If you’re full of fear and anxiety because you have a pending criminal charge, relax.
We’re here to help.
Video Explainer - Simple Assault
2C:12-1 - Simple Assault - New Jersey Code
Simple Assault Defined
a. Simple Assault.
A person is guilty of assault if the person:
(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.
Simple Assault Charges Involving Domestic Violence
If you’ve been charged with a Simple Assault arising out of a
Domestic Violence situation, a Conditional Dismissal is not an option.
You will have the following 4 choices:
- Plead Guilty
- To plead guilty means to tell the judge/court that you did, in fact, commit Simple Assault
- Plead Guilty to an Amended Charge
- This means that your criminal defense attorney worked out a good deal for you. Instead of admitting that you committed Simple Assault, you will accept responsibility for a different offense. For example, you may plead guilty to a local ordinance violation.
- Go to Trial and Lose;
- Go to Trial and Win
Can a Simple Assault Conviction get Expunged?
If you plead guilty or are found guilty of Simple Assault,
you can expunge the arrest and conviction after five years.
If you are acquitted at trial, you will not have a conviction.
However, you will need to expunge the “arrest” record.
If you use the Conditional Dismissal program,
you will need to wait one year to expunge your arrest record.
It is extremely important to expunge the record of your arrest
because this will pop up on any & all background checks.
Legal Defenses for Simple Assault
Each case is different, so each defense will vary.
You need to discuss the specifics facts of your case with your lawyer.
Here are a few common defenses:
1. Self-Defense (I was protecting myself)
2. Mistaken Identity (SODDI Defense – Some Other Dude Did It)
3. Alibi (I was out of the country when this happened)
Fighting By Consent Or Mutual Combat
“Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent of the parties in which case it is a petty disorderly persons offense.”
Since you and the person you injured understood that you would be “fighting” then there is not a real victim.
As you can see in the picture to the right, the Mutual Combat defense is most commonly raised with high school and college kids.
When Should I Accept A Plea Deal?
You must wait until your criminal defense attorney has received the “Discovery” in your case.
Discovery is the (fancy) legal term for evidence.
You need to know what evidence the State of New Jersey has against you before you make any decisions.
Very simply, if the evidence against you is weak, then your lawyer may get your case dropped to an ordinance.
Or, if he’s a really good lawyer (like us), he might be able to get it dismissed completely!
Now, if the evidence against you is strong, then you should ask your lawyer to put all of his efforts into preparing for trial.
If you have a clean record and are found guilty at trial, you can get apply for a Conditional Dismissal.
If I'm convicted at trial, can I appeal?
If you feel that you didn’t get a fair trial or that certain evidence was irrelevant, an appeal is the way to go.
I highly recommend that you hire an aggressive, criminal defense attorney to represent you for your criminal conviction Appeal.
There are specific steps that must be taken to (intelligently) file an appeal.
Please do not try to do this alone, get help.