Defending Yourself Against Assault Allegations in New Jersey

Defending Yourself Against Assault Allegations in New Jersey

Being accused of assault can be scary. Even if you’re innocent, assault allegations can ruin your reputation and lead to serious legal consequences in New Jersey. Don’t panic – you have rights. With the right legal strategy, you can protect yourself. This article explains common assault charges in NJ, potential defenses, and smart steps to take if accused.

What is Assault in New Jersey?

Lots of actions can count as assault in NJ. Simple assault is causing bodily injury to someone. Aggravated assault is attempting to cause serious bodily injury, or causing injury with a deadly weapon. There’s also bias assault motivated by prejudice. Charges vary based on intent, injuries, and circumstances.

Any physical attack like punching, kicking, or weapon use can lead to assault charges. Threats might count too – if they put someone in real fear of immediate harm. Bottom line – assault covers lots of offensive contact in New Jersey.

Common Defenses Against Assault Allegations

If accused of assault, don’t panic! There are defenses that might get the charges dropped or reduced. Common defenses include:

Self-Defense – Using reasonable force to protect yourself or others from harm. If you only used force necessary to avoid injury, self-defense applies. Details matter – like who started the confrontation.

Consent – If the “victim” consented to physical contact, it may not be assault. Rough sports, medical procedures, and physical discipline (if reasonable) often involve consented contact.

Misidentification – If the accuser identifies the wrong person, you’re off the hook. Eyewitness mistakes happen frequently.

Intoxication – Being drunk or high during an alleged assault could negate intent required for conviction. Voluntary intoxication rarely excuses crimes though.

Mental Illness – Having a mental disability might affect your ability to form intent. Courts can find you “guilty but mentally ill”. Specific diagnoses like schizophrenia better support this defense.

There are other rare defenses too – duress, entrapment, or impossibility. An experienced lawyer can advise if any fit your case.

Steps to Take if Accused of Assault in New Jersey

Getting accused of assault feels scary and unfair. But panicking and acting rashly can hurt your case. Carefully consider these steps if facing allegations:

Remain Silent – Don’t try justifying yourself to police. That can only hurt. Say you won’t answer questions without a lawyer. Silence can’t be used as evidence of guilt.

Get a Lawyer – An experienced criminal defense attorney is crucial for building defenses and negotiating with the prosecution. Public defenders are an option if you can’t afford private counsel.

Gather Evidence – Write down exactly what happened while it’s fresh. Identify witnesses, documents, or physical evidence that could aid your defense. Your lawyer can help obtain and preserve evidence.

Check for Prior Bad Acts – If you have any past arrests or convictions, expect prosecutors to dig those up. Be honest with your lawyer about your record so they can prepare to exclude it.

Consider a Plea Bargain – Your lawyer may negotiate a plea deal with lesser charges if the evidence is strong. Plea deals often involve probation, restitution and rehabilitation instead of jail.

Request a Diversion Program – These voluntary rehab programs can lead to dismissed charges after completion. They demonstrate you’re addressing any underlying issues.

Go to Trial – If plea deals aren’t offered and the evidence is weak, your lawyer may recommend trial. It’s stressful but sometimes the best option. Just be sure to testify honestly and let your lawyer handle cross-examinations.

Get Character Witnesses – Have friends, family, employers vouch for your good character at trial. Their testimony about your peaceful reputation can create reasonable doubt.

Appeal if Convicted – Never give up if convicted at trial! Appeal improper rulings, procedural mistakes, insufficient evidence or excessive sentences. Appeals reverse many convictions.

Dealing with assault allegations is daunting. But having an experienced lawyer in your corner levels the playing field. Be smart, be patient, follow their advice, and you have a fighting chance at a just outcome.

Here are some laws and precedents to be aware of when facing assault allegations in New Jersey:

– N.J. Stat. § 2C:12-1 – New Jersey’s simple and aggravated assault statutes.

– State v. Kelly – NJ Supreme Court case establishing current self-defense standards.

– State v. Galicia – Case limiting public intoxication as a defense.

– State v. Breakiron – Diminished capacity defense case involving voluntary intoxication.

– State v. Josephs – When prior bad act evidence can be admitted against defendants.

– State v. King – Appellate case upholding assault conviction despite claim of consent defense.

I hope this informal guide helps people facing assault charges in New Jersey protect their rights and build an effective defense. Let me know if you have any other questions!