NJ Assault Lawyers
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NJ Simple Assault Lawyers
What is simple assault in nj?
Under New Jersey law (2C:12-1) someone is guilty of assault under the following circumstances:
a) if they attempt to cause or purposely, knowingly, or recklessly cause bodily injury to another;
b) or negligently cause bodily injury to another with a deadly weapon;
c) or attempt by physical menace to put another in fear of imminent serious bodily injury.
You want it in plain English?
Very simply it means that when someone intends to hurt another person (whether they are successful or not) they may be charged with Simple Assault.
Here’s a really cool video to help you understand the difference between Simple and Aggravated Assault in New Jersey.
What are the penalties for Simple Assault in NJ?
If you have been charged with Simple Assault in New Jersey, the consequences are serious, but things could’ve been worse.
Someone convicted of a simple assault disorderly persons offense could face the following penalties:
Up to six months in jail (up to 30 days for a mutual fight petty disorderly persons offense)
Fines up to $1,000
Other courts costs and assessed fines
can simple assault charges be dropped?
As with every crime, the answer to this question is: Yes.
In order for the Prosecutor to drop the case against you, there must be strong proof that no crime was committed.
As your lawyers, it is our job to explain your story to the Prosecutor so that they are convinced to drop the case.
We prepare all of the evidence and file important documents to show that you are innocent.
In this way, the case never goes to trial and you avoid a criminal conviction.
More importantly, you avoid going to jail.
No one ever wants to go to jail for committing a simple assault.
Perhaps you slapped or pushed someone in anger. It happens to the best of us.
Should you really go to jail for something like this?
We fight to keep you out of jail and to keep your record clean.
Can A Juvenile Be Charged With Simple Assault?
A juvenile can definitely be charged with Simple Assault in NJ.
As a matter of fact, in addition to Underage Drinking & Marijuana Possession, the leading criminal charge for juveniles is fighting.
All it takes is a few words (usually after a few beers) and the fight is on.
Next thing the kids know, they are handcuffed and sitting in a police car.
Depending on the victim’s injuries, the State can change the charges to Aggravated Assault.
If this happens, your kid’s life will become a nightmare.
The protection of having juvenile status disappears.
Now, he/she is being treated as an adult and may face the real possibility of prison.
If you are charged & convicted of Simple Assault in NJ, you face up to six months in jail and a $1,000.00 fine.
This is known as a Disorderly Person’s Offense in NJ.
If you got into a “scuffle” or a “consenual fight” also know as “mutual combat”, you will face thirty days in jail and a $500.00 fine.
This is known as a Petty Disorderly Person’s Offense in NJ.
Simple Assault charges involving Domestic Violence
If you got charged with Simple Assault because of a Domestic Violence call, you have TWO cases against you.
The first case is a criminal matter (Simple Assault).
The second case is a civil matter (Domestic Violence.
Because of the Domestic Violence case you will have a Temporary Restraining Order.
Next, you will have to go to a Final Restraining Order trial.
In NJ, Final Restraining Orders NEVER expire.
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