NJ New Jersey Simple Assault Attorney Lawyers

NJ New Jersey Simple Assault Attorney Lawyers

Being charged with simple assault in New Jersey can be scary. But with the right criminal defense attorney on your side, you can get the charges reduced or even dismissed. This article will explain what simple assault is, potential defenses, and how an experienced New Jersey simple assault lawyer can help.

What is Simple Assault in New Jersey?

Simple assault is defined under New Jersey statute 2C:12-1(a). It occurs when someone:

• Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another;
• Negligently causes bodily injury to another with a deadly weapon; or
• Attempts by physical menace to put another in fear of imminent serious bodily injury.

Bodily injury means physical pain, illness, or any impairment of the victim’s physical condition. Simple assault is a disorderly persons offense in New Jersey. If convicted, penalties can include up to 6 months in jail, probation, fines up to $1,000, restitution, and other conditions.

Examples of Simple Assault

Some examples of acts that could lead to a simple assault charge include:

• Hitting, punching, kicking, or pushing someone
• Recklessly swinging an object like a bat or golf club near someone
• Throwing an object at someone
• Making verbal threats to physically harm someone while displaying a weapon

Even if the victim does not suffer actual injuries, attempting to cause bodily injury or making threats is enough for a simple assault charge in New Jersey.

Aggravated Assault vs. Simple Assault

The main difference between simple assault and aggravated assault is the extent of injury. Aggravated assault involves:

• Attempting to cause serious bodily injury rather than just bodily injury;
• Causing serious bodily injury purposely or knowingly;
• Causing bodily injury with a deadly weapon; or
• Recklessly causing serious bodily injury under circumstances manifesting extreme indifference to human life.

Aggravated assault is an indictable offense (more serious than a disorderly persons offense) with penalties up to 10-20 years in prison. Your criminal defense attorney will analyze the details of your case to determine whether the charges should be simple or aggravated assault.

Defenses for Simple Assault Charges

There are several defenses that could get simple assault charges dismissed or downgraded in New Jersey:

Self-Defense

You can argue self-defense if you only used the amount of force reasonably necessary to protect yourself from imminent bodily harm. The threat has to be immediate – you cannot claim self-defense if the other person attacked you the day before. Your use of force also cannot be disproportionate to the threat. For example, you cannot use deadly force unless you reasonably believed you were facing deadly force.

Consent

If the alleged victim consented to physical contact like in sports or consensual fighting, then it may not qualify as assault. However, the state may still argue there was no lawful consent if the physical acts went beyond what was agreed to.

Misidentification

Eyewitness misidentification is a common cause of wrongful convictions. If the victim or witnesses incorrectly identified you, your attorney can challenge the reliability of the identification through cross-examination and presenting alibis or other evidence of mistaken identity.

Intoxication

You can argue you were too intoxicated to form the requisite mental state of purposely, knowingly or recklessly causing injury. However, voluntary intoxication is not an absolute defense in New Jersey.

Mental Illness

Your lawyer may argue you lacked the capacity to understand your actions or control your conduct due to mental disease or defect. This could lead to charges being dismissed.

Why Hire an Attorney for Simple Assault Charges?

A skilled New Jersey simple assault attorney can protect your rights and build the strongest defense to avoid a criminal record. Specifically, an attorney can:

• Negotiate with the prosecutor to get charges downgraded or dismissed
• Challenge any unconstitutional police conduct
• Contest any errors or omissions in the police report
• Cross-examine witnesses and highlight inconsistencies in testimony
• Obtain and present exculpatory evidence the police failed to collect
• Advocate for mental health or addiction treatment instead of jail time

An experienced assault lawyer knows how to navigate the complexities of New Jersey criminal law and procedure. They will meticulously examine the evidence and identify any plausible defenses. Their negotiation skills can convince prosecutors to reduce or drop charges where appropriate.

Finding the Right New Jersey Simple Assault Attorney

If you are facing assault charges, it is critical to have an assertive lawyer fighting for you. Look for a New Jersey defense attorney with a proven track record of getting charges dismissed pre-indictment. They should thoroughly explain your options and legal strategy. Costs and fees should be clear upfront. Don’t take chances – let an expert simple assault lawyer defend your rights and freedom.

At the end of the day, assault allegations can ruin lives and careers. Even if the charges seem minor, the collateral consequences can be severe. An experienced attorney levels the playing field and ensures the state meets its burden before taking away your liberty. With skilled legal representation, many people avoid a conviction and can move on with their lives.

References

[1] NJ Simple Assault Attorneys | Simple Assault Defense Lawyer in New Jesey

[2] Violent, Assault, Threat Crimes | Morristown NJ Assault Crime Attorney – Tormey Law Firm

[3] N.J.S.A. 2C:12-1A Simple Assault Attorneys – Lubiner Schmidt and Palumbo

[4] Aggravated Assault vs. Simple Assault Charges Passaic County, NJ

[5] Simple Assault in New Jersey – N.J.S.A 2C:12-1(a) – Rosenblum Law

[6] Simple Assault Lawyer NJ | New Jersey Simple Assault – Breslow Law Offices