Assault & Threat Crimes
Assault Defense Lawyers in Monmouth County NJ
Have you been arrested and charged with simple assault, criminal mischief, stalking, terroristic threats or simple assault in Monmouth County? If so, the criminal defense attorneys at Proetta & Oliver can help. At our office, we fully understand what a criminal conviction let alone jail time could do to someone’s life. Our team of Monmouth County assault lawyers will fight to protect your freedom and reputation. We have successfully represented clients charged with various assaultive type of offenses in courts throughout Monmouth County, including courts like Belmar, Freehold, Red Bank, Neptune, Wall Township, Tinton Falls, Asbury Park, Holmdel, Howell, Hazlet and Middletown for years now. These types of offenses have become even more complicated over the years. Now based on the bail reforms, a Defendant charged with a serious assaultive crime or a crime that is considered an “act of domestic violence” may be detained in the Monmouth County Jail, pending trial without bail. However, in order to do so, the Monmouth County Prosecutor’s Office would need to file what is known as a Detention Hearing. These types of hearings could and always should be contested. For more information on detention hearings please contact our Middletown Office at 732.858.6959.
Defending Clients Accused of Assault in Monmouth County For Years
At Proetta & Oliver, we are well aware that no two clients let alone no two cases are the same. As such, we pride ourselves on being able to adapt our representation to fulfill our clients needs, whether that be a trial, motion practice or negotiating a favorable resolution. Both founding partners have dedicated their entire careers to defending those accused of various crimes throughout the State. If you would like to schedule a free consultation today, please contact our office at 732.858.6959. We can be reached 24/7 as we fully understand that time is off the essence. For more information on some of the most common criminal offenses charged in Monmouth County please see below.
What are the Penalties for Assault in New Jersey?
Assault charges can stem from countless different scenarios and as such, the penalties drastically differ. They can range anywhere from probation all the way up to life in prison. Some of the most common assault charges that we see stem from either your typical bar room fight or a domestic dispute between spouses. Irrespective of the facts surrounding your case, our office will fight to assure the best possible outcome. We will aggressively challenge the evidence presented against you in order to achieve a favorable result. Here is a list of some of the most assaultive type charges issued in Monmouth County, New Jersey.
- Simple Assault
- Aggravated Assault
- Aggravated Assault on a Police Officer
- Aggravated Assault with a Deadly Weapon
- Aggravated Arson
- Assault by Auto
- Death by Auto
- Strict Liability Vehicular Homicide
- Resisting Arrest
- Disarming a Police Officer
- Witness Tampering
- Leaving Scene of Accident Resulting Serious Injury
- Hindering Apprehension
- Criminal Mischief
- Disorderly Conduct
- Terroristic Threats
- False Imprisonment
- Criminal Restraint
- Obstructing Justice
- Leaving Scene of Accident Resulting in Death
How to Post Bail on Assault Charges in Monmouth County
As touched upon above, in 2017, New Jersey’s bail system underwent a major overhaul. We have basically abandoned the traditional cash / bond bail system and moved towards a risk assessment system. That means that the days of showing up at the precinct and posting a cash bail are long gone. In order to be subject to Bail Reform, the individual would need to be charged under what is known as a Complaint-Warrant as opposed to a Complaint-Summons. If the individual is charged on a Complaint-Warrant then the individual must be taken to the Monmouth County Jail for at least 24-48 so that a risk assessment can be conducted. Once pretrial services conduct their risk assessment, the individual will be scheduled for their Central Judicial Processing Hearing (CJP). It is at this hearing that the Monmouth County Prosecutor’s Office will need to make a determination of whether they will consent to the individual being released on bail conditions or whether they will be seeking to keep the individual detained, without bail, pending trial. If they are seeking to keep an individual detained, a formal detention hearing must be conducted. At this hearing the Judge will hear arguments from both the prosecution and defense counsel and they will make the ultimate decision about whether to release or detain the individual.
What Does a Judge Look at When Determining Bail on Assault Cases in NJ
At a Detention Hearing the Judge will need make a determination of whether or not to release an individual on bail conditions. It will be the prosecution’s burden to establish by clear and convincing evidence that there are no amount of conditions that can be imposed that could adequately protect the following:
- That the defendant will not appear in court as required;
- That the defendant will pose a danger to any other person or the community; and/or
- That the defendant will obstruct or attempt to obstruct justice, or threaten, injure, or intimidate, or attempt to threaten, injure, or intimidate, a prospective witness or juror.
If the Judge agrees to release the individual, he must then determine what Level of Monitoring the individual will be released upon. The will also need to determine what conditions they will be released upon. The level of monitoring will typically set forth how frequently the individual must checkin with Pretrial Services. Here is a breakdown of the three levels:
- Level One – Report Telephonically Once a Month
- Level Two – Report Telephonically Once a Month & Report Once a Month In-person
- Level Three – Report Telephonically Once Every Other Week & Report in In-person Once Every Other Week
- Level Three Plus – Electronic Monitoring or Home Detention & Report Telephonically Once Every Other Week & Report in In-person Once Every Other Week.
For more information on the framework behind New Jersey’s Bail Reform System regarding different Monitoring Levels, please click the link.
Served with a Temporary Restraining Order for Assault Case
As if being charged with a criminal offense isn’t bad enough, if the offense is considered a crime of domestic violence, the alleged victim could also seek to obtain a Temporary Restraining Order. If a temporary restraining order is granted, this would be in addition to whatever criminal charges were filed. That means that the individual will now have to appear in two separate courts to fight to clear their name. All temporary restraining orders will be litigated in the Monmouth County Superior Courthouse, Chancery Division, Family Part. Conversely, all criminal charges will be litigated in either the local municipal court where the incident happened if it is a disorderly persons offense (misdemeanor) or the Monmouth County Superior Courthouse, Criminal Division if it is an indictable offense (felony).
Contact a Freehold NJ Assault Defense Lawyer Today For Answers
The Law Office of Proetta & Oliver has successfully represented clients charged with aggravated assault, simple assault, eluding, disorderly conduct, terroristic threats and assault by auto in courts throughout Monmouth County, including in towns like Freehold, Manalapan, Long Branch, Manasquan, Millstone, Tinton Falls, Eatontown and Ocean Township. If you or a loved one has been charged with any of the aforementioned offenses, it is imperative that you speak to an experienced criminal defense lawyer as soon as possible. Irrespective of the offense, if convicted, a Defendant faces not only the potential of high fines, a criminal record but incarceration as well. If you would like to discuss your options with our office, please contact us today at 732.858.6959.