Simple Assault Charges 2C:12-1a
Ocean NJ Simple Assault Lawyer
Although simple assault is considered the lowest level assaultive crime under the New Jersey criminal code, the penalties if convicted could be devastating. As you will see below, if convicted of simple assault in Monmouth County, in towns like Holmdel, Tinton Falls, Eatontown, Howell, Hazlet, Belmar, Manasquan, Freehold and Asbury Park you would be facing not only incarceration but a criminal record as well. The governing statute in New Jersey for simple assault is N.J.S.A. 2C:12-1a. This is an extremely broad statute and it encompasses a wide array of conduct. With that being said, the vast majority of simple assault charges we defend stem from one of two things, either an alcohol fulled bar fight or a jealousy driven domestic dispute. Regardless of the situation, the charges are serious and require the assistance of an experienced Monmouth County criminal defense attorney.
Need a Lawyer for Simple Assault Charge in West Long Branch
The attorneys at Proetta & Oliver have been representing clients charged with simple assault as well as harassment, aggravated assault, stalking, unlawful possession of a weapon, terroristic threats and restraining orders throughout Monmouth County for years now. Mr. Oliver’s entire practice is dedicated to defending those accused of crimes in courts throughout the State. If you find yourself being charged with simple assault in Monmouth County, the Law Offices of Proetta & Oliver can help. We are well aware that no two clients let alone no two cases are the same. As such, we will formulate a game plan that works best to fulfill your needs, whether that be a trial, motion practice or working out a favorable plea deal. If you would like to come into our office and discuss your options please feel free and contact us directly at (732)858-6959. Now here is some key information on the offense of simple assault, including the applicable penalties if convicted.
What Does the Prosecution Have to Prove for a Simple Assault Conviction in NJ?
To be convicted of simple assault in New Jersey, the State must prove beyond a reasonable doubt that a Defendant attempted to cause or purposely, knowingly or recklessly caused bodily injury to another. In addition, the State can also prove a simple assault occurred if they can show beyond a reasonable doubt that the Defendant negligently caused bodily injury to another with a deadly weapon or attempted by physical menace, to put another in fear of imminent serious bodily injury. All three of these versions will be considered disorderly persons offenses. A simple assault will be considered a petty disorderly persons offense only if the fight and/or scuffle was entered into by mutual consent. See below for the distinctions in applicable penalties. Lastly, the legislature has defined “bodily injury” as “causing physical pain, illness, or any impairment of physical condition.
Is Simple Assault a Felony in NJ?
As mentioned above, the governing statute in New Jersey for simple assault is N.J.S.A. 2C:12-1(a). Simple assault can be either a disorderly or petty disorderly persons offense depending on the facts of the case. Both offenses are considered misdemeanors in New Jersey.
Can I get Jail time for a Simple Assault in NJ?
If convicted of a petty disorderly persons offense, a Defendant would be facing up to thirty (30) days in the Monmouth County Jail and a fine up too $500. Conversely, a disorderly persons offense is punishable by up to six (6) months in the Monmouth County Jail and a fine up too $1,000. In addition, both offenses will leave a Defendant scared with a criminal record as well. With that being said, New Jersey has recently created a diversionary program known as the Conditional Dismissal Program. If eligible and if accepted, a Defendant may participate in the diversionary program and if successful the pending assault charges will be dismissed. Please keep in mind that domestic violence offenses are not eligible for the program.
Can I make Bail on a Simple Assault Charge in NJ?
Traditionally a Defendant charged with simply assault in Monmouth County would be released on his own recognizance (ROR). However, now based on the new bail reforms, a Defendant charged with a domestic violence version of simple assault will most likely end up spending at a minimum of 48 hours in the Monmouth County Jail pending a pretrial services interview. Depending on how that goes, a Defendant could find themselves being subject to a Detention Hearing if the prosecution is seeking to detain the Defendant in jail without bail, pending trial. For more information on Detention Hearings in New Jersey please contact our office at 732.858.6959.
Can I Be Served a Temporary Restraining Based on Assault Charge in Monmouth County?
In short, yes. If the alleged victim of a simple assault is considered a “victim” pursuant to New Jersey’s Domestic Violence Prevention Act ,then they would be entitled to seek a temporary restraining order (TRO). If a TRO is granted, then it would be in addition to any simple assault criminal charge that was filed. The restraining order would need to be litigated in the Chancery Division, Family Part of the Monmouth County Superior Courthouse, which is located in Freehold not the local municipal court like the criminal charge. If a final restraining order is entered it would have additional crippling consequences for the defendant. For more information on the consequences of a restraining order in New Jersey, please click the link.
Local Red Bank NJ Simple Assault Attorney
As you can see from above, the penalties if convicted of simple assault in New Jersey can be devastating. Not only could a Defendant be incarcerated but they could also facing high fines, community service, anger management and a criminal record. A criminal record could hamper your ability to obtain and/or maintain gainful employment. If you have been charged with simple assault, criminal mischief, eluding, assault by auto, harassment or disorderly conduct in towns like Aberdeen, Little Silver, Fair Haven, Neptune, Oakhurst, West Long Branch, Manalapan, Holmdel or Lake Como the Law Offices of Proetta & Oliver can help. We pride ourselves on making sure that our clients are fully informed about not only their case but their options as well. If you would like to schedule a free consultation today, please contact us directly at (732)858-6959. We are available 24/7 to help assist in any way possible and as always, our initial consultations are always free.