Assault Defense Lawyer in Atlantic Highlands
Charged with Assault in Atlantic Highlands New Jersey
Being charged with a criminal offense like assault can be extremely stressful. To make matters worse, since assaults are considered “violent offenses” there is a good chance that the individual might be subject to New Jersey’s Bail Reform Act, especially if the incident is classified as an “act of domestic violence”. New Jersey takes assault allegations very seriously and they tend to be prosecuted aggressively and Atlantic Highlands is no exception. If you or a loved one has been charged with simple assault, aggravated assault, domestic violence assault, assault by auto, assault with a deadly weapon or resisting arrest in Atlantic Highlands, the Law Office of Proetta, Oliver & Fay can help. We fully understand the stress and anxiety that most suffer from when they have been summonsed to defend their liberty in a court of law. As such, we are dedicated to aggressively defending these types of allegations in order to assure that our client’s rights are fully protected. If you would like to set up a free initial consultation today, please contact our office at 732.858.6959. One of our attorneys would be glad to go over the specifics of your case and formulate a game plan that works best to suit your needs. Now here is some information on potential assault charges in Atlantic Highlands.
Simple Assault vs. Aggravated Assault Charges in Atlantic Highlands
Simple Assault and Aggravated Assault charges are by far the most common assaultive crimes charged in Monmouth County. The type of injury caused or attempted to be caused and the status of the victim (Law Enforcement, Teacher etc.) will dictate whether the offense is considered a simple assault versus an aggravated assault.
Simple assault, which is the lowest level assault charge in New Jersey, is considered a disorderly persons offense (misdemeanor). Since this offenses is considered a simple assault, the case will be litigated in the Atlantic Highlands Municipal Court, which is located at 100 First Avenue. If convicted, the individual will be facing up to six months in the Monmouth County Jail and a fine up to $1,000. For additional information on simple assault charges, including potential defenses in New Jersey.
Aggravated Assault, which is considered an indictable offense (felony) are broken down into three separate degrees: second, third and fourth degree. For the most part, the type of injury caused, significant or serious bodily injury, will dictate what degree an individual is charged with. Since aggravated assault is considered a felony offense in New Jersey, all aggravated assault charges need to be transferred from the Atlantic Highlands Municipal Court to the Monmouth County Superior Court, which is located in Freehold. The degree of the assault charge will also dictate the potential penalty an individual faces if convicted, which could range from probation up to a decade in a New Jersey State Prison. For more information on aggravated assault charges in Monmouth County, please click the link.
Facing a Domestic Violence Charges in Atlantic Highlands
If the assault allegation is considered an “act of domestic violence” then the individual will almost certainly be subject to New Jersey’s Bail Reform Act. In other words, the complaint will more likely than not be issued on a Complaint-Warrant, which means that the individual must be detained in the Monmouth County Jail for at least 24 hours so that a risk assessment could be conducted by pretrial services. Once the assessment is completed, the Monmouth County Prosecutor’s Office will need to make a determination of whether or not they will be filing for detention at the individuals Central Judicial Processing Hearing. If they do file for detention, then the individual must be detained until a formal hearing is conducted, which could take up to a week. It will then be up to the judge to determine whether or not the individual is released on bail or held without bail pending trial. It is also important to remember that this is just the beginning, the charges still need to be litigated. In addition, if the incident is classified as an “act of domestic violence” then the victim could file for what is known as a Temporary Restraining Order (TRO). This is a total separate hearing and will be in addition to the underlying criminal charges filed. For more information on restraining orders in Monmouth County, including the ramifications if imposed, please click the link.
Need Local Attorney For Assault Charge in Atlantic Highland
Proetta, Oliver & Fay is a Monmouth County based criminal defense firm that is comprised of attorneys who have dedicated their careers to defending those accused of crimes. As you can see from above, assault charges are not something to take lightly and if not handled properly, could land you behind bars for a decade. If you would like to speak to one of our Atlantic Highlands criminal defense attorneys today about your options, please contact our Middletown Office at 732.858.6959. We fully understand what a criminal conviction, let alone a lengthy prison sentence can do to someone’s life.