Simple Assault Lawyer New Jersey
Simple assault is a serious crime that can have significant repercussions if you are convicted. This is considered a crime of violence to many schools, employers, and others who may run a background check on you. In most instances, this is charged in cases of minor injuries resulting from fights or scuffles. These charges are usually filed in your local municipal court and are considered disorderly persons offenses.
The New Jersey criminal code defines simple assault such that a person can be found guilty of 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.
- NJ Rev Stat § 2C:12-1 (2013)
Simple assault is a disorderly persons offense, and generally carries a potential sentence of up to 6 months in jail. Courts can also order mandatory anger management classes, probation/parole, potential restitution to the complaining witness, and fines and court costs.
New Jersey Simple Assault Lawyer
If you are charged with simple assault, you have the right to assert certain defenses, such as mutual combat (when two people engage in a fight), and self-defense. The mutual combat defense will lower the simple assault charge to a petty disorderly case and result in a lower type of crime and fines/costs. Self-defense, however, is an absolute defense. If you assert self-defense, and the judge agrees with you, it means you will be found not guilty of the crime of simple assault.
All of the defenses available to a person charged with simple assault are complicated and you should not attempt to assert them on your own. It is always advised to retain an experienced criminal defense attorney if you are charged with simple assault. An attorney will be able to review discovery and fight in court for your rights.
An experienced attorney can help you either get a downgrade to a non-criminal offense or help you win the case altogether. The earlier you get a lawyer involved, the better the result.
Call Us Today for a Free Consultation
Call the Law Offices of Greg Prosmushkin, P.C. in Trenton today for a free consultation. The criminal defense attorneys at the Law Offices of Greg Prosmushkin, P.C. have decades of experience handling simple assault cases and can help you fight for your rights. In the past, we have been able to get favorable outcomes for our clients when accused of assault. Please schedule your free consultation today.
This content was written on behalf of Greg Prosmushkin.