Asbury Park NJ Assault Lawyer
Facing an Assault Charge in the City of Asbury Park NJ?
The resurgence that the City of Asbury Park has seen over the last half-a-decade or so has also lead to an increase in crime, specifically assault charges. The vast majority of assault charges that we see at Proetta & Oliver tend to stem from either an alcohol related incident at bars like Porta, Watermark, Johnny Mac’s, Langosta Lounge, the Stone Pony or an act of domestic violence between loved ones. Regardless of the factual scenario surrounding the incident, if you have been charged with simple assault, aggravated assault, assault with a deadly weapon, aggravated assault on a police officer or served with a temporary restraining order, the Law Offices of Proetta & Oliver can help. These are all very serious charges and if not handled properly could have a serious impact on the rest of your life. If you have been charged with one of these offenses the Monmouth County Prosecutor’s Office could file for what is known as a Detention Hearing. If that is to occur, there is a possibility that the Defendant could be incarcerated in the Monmouth County Jail, without bail, pending trial. For more information on detention hearings in New Jersey, please contact our office at 732-858-6959. Our attorneys are available immediately for a free initial consultation.
The criminal defense attorneys at Proetta & Oliver are dedicated to rigorously defending any and all charges levied against their clients. At our firm, your case will be personally handled by Mr. Oliver, one of the firms founding partners and not just be handed off to some associate. Mr. Oliver takes a tremendous amount of pride in making sure that his clients rights are fully protected throughout their case. If you would like to come into our office and speak with Mr. Oliver about your options then please contact us at 732.858.6959. As always, our initial consultations are free of costs, so if you have any questions whatsoever, please do not hesitate to contact us.
Asbury Park NJ Simple Assault Lawyer
Have you been arrested and charged with simple assault in the City of Asbury Park? If so, you will be summonsed into the Asbury Park Municipal Court, which is located at One Municipal Plaza, to answer for those charges. All simple assault charges are considered either a disorderly or petty disorderly persons offense, that is New Jersey’s version of a misdemeanor. All simple assault charges will be governed by NJSA 2C:12-1a. The statute has been broken down into three different subsections. Here is a breakdown of each subsection.
NJSA 2C:12-1a(1) covers your typical assault where in which the “victim” suffers some form of “bodily injury” as a result of the Defendant’s purposeful, knowing or reckless conduct. Bodily Injury has been defined as “any physical pain, illness or any impairment of the physical condition”. The assault could include a punch, kick, slap, a push etc.
NJSA 2C:12-1a(2) covers a situation in which the Defendant’s negligent use of a deadly weapon causes the victim “bodily injury” (defined above). A deadly weapon is not just a firearm, it is “any firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury”.
NJSA 2C:12-1a(3) covers a situation in which the Defendant by physical menace, put the victim in fear of imminent serious bodily injury. Serious bodily injury has been defined as any “bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
A simple assault is considered a disorderly persons offense provided the fight is not considered a “mutual combat”. If that is to occur, then the Defendant will be charged with a petty disorderly persons offense. A disorderly persons offense is punishable by up to six months in jail and a $1,000 fine. Conversely, a petty disorderly persons offense is punishable by up to thirty (30) days in jail and a $500 fine. Provided the incident is not considered an act of domestic violence, the Defendant could be eligible for the conditional dismissal program. That is a diversionary program, whereby if the Defendant completes the terms without issue, the pending charges will be dismissed out right. For more information on this program, please contact our office at 732.858.6959.
Asbury Park NJ Aggravated Assault Attorney
Aggravated assault is considered an indictable offense, that is New Jersey’s version of a felony. All aggravated assault charges that arise out of the City of Asbury Park must be transferred to the Monmouth County Superior Court, which is located in Freehold for disposition. The two most common aggravated assault charges in New Jersey are aggravated assault in the second degree and aggravated assault in the third degree. These are both very serious charges. What determines the degree a Defendant is charged with is the type of injury suffered. If the victim suffered or it can be proved that the Defendant attempted to cause serious bodily injury, they will be charged with second degree offense. If the victim suffered significant bodily injury or it can be proved that the Defendant attempted to cause significant bodily injury, they will be charged with a third degree offense. The difference between the penalties of the two degree’s are catastrophic. For more information on aggravated assault charges in Monmouth County, please click the link.
Asbury Park NJ Assault Defense Attorney
If you have been arrested for simple assault, aggravated assault, terroristic threats, assault by auto, resisting arrest, disorderly conduct or a drug offense in the City of Asbury Park, the Law Offices of Proetta & Oliver can help. Our office is well aware that no two clients let alone no two cases are the same. As such, we take a tremendous amount of pride in being able to adapt our representation in order to fulfill our clients needs. If you would like to come into our office for a free face to face consultation then please contact us at 732.858.6959. We can go over the specifics of your case and formulate a game plan that works best to suit your needs.