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Monmouth County Criminal Defense Lawyers

If you have been arrested, charged with a criminal offense, or are under investigation, it is crucial that you speak to an experienced Monmouth County Criminal Defense Lawyer about your options.

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Howell NJ Simple Assault Lawyer

Charged with Assault in Howell New Jersey?

Need Local Simple Assault Lawyer Near HowellFor most, being placed in handcuffs and formally arrested for a criminal offense is terrifying. Not knowing what to do next or who to turn to can only add to an already stressful situation. However, at Proetta & Oliver, our team of Monmouth County criminal attorneys believe that hiring the right criminal defense lawyer, someone who is not only familiar with criminal law but one who is also familiar with the particular courts, can go a long way to alleviating the stress. If you have been arrested and charged with assault in Howell, whether it be for simple or aggravated assault, the Law Offices of Proetta & Oliver can help. As you will see below, simple assault is New Jersey’s misdemeanor version of assault and aggravated assault is the felony version. The difference between the two could be the difference between someone obtaining a probationary sentence at worst to someone receiving a ten (10) years state prison sentence, subject to the No Early Release Act. In addition, if the assault is considered a crime of domestic violence, then the Defendant may be detained in the Monmouth County Jail, without bail, pending trial or in the very least detained a couple days until pretrial services can conduct their interview. For more information on detention hearings, please see contact our office at 732.858.6959. If you have been charged with a simple assault, aggravated assault, assault with a deadly weaponaggravated assault on a police officer or served with a temporary restraining order in Howell, the Law Offices of Proetta & Oliver can help. Our Howell criminal defense attorneys are well aware of what a felony assault conviction can do to someone’s life, as such we are dedicated to aggressively challenging the evidence presented against our clients in order to obtain a favorable outcome. If you would like to schedule a free initial consultation today, then please contact us at 732-858-6959.

Simple Assault Attorney in Howell

As touched upon above, simple assault is New Jersey’s misdemeanor version of assault. The governing statute in New Jersey for simple assault is NJSA 2C:12-1a. There are basically three different subsections under which someone could be charged with simple assault in New Jersey. Here is a breakdown of those three subsections, including what the prosecution must prove in order for someone to be convicted.

Simple Assault

What the State Must Prove

NJSA 2C:12-1a(1)

  • The Defendant either caused or attempted to cause bodily injury* to the victim; &
  • By doing so, the Defendant acted purposely or knowingly or recklessly.

NJSA 2C:12-1a(2)

  • The Defendant caused bodily injury to the victim;  
  • To do so, the Defendant used a deadly weapon; &
  • The Defendant acted negligently.

NJSA 2C:12-1a(3)

  • The Defendant purposely attempted to put the victim in fear of imminent serious bodily injury**; &
  • The Defendant did so by physical menace.

* Pursuant to NJSA 2C:11a, Bodily Injury has been defined as the type of injury that causes physical pain, illness or any impairment of the physical condition.

** Pursuant to NJSA 2C:11a, Serious Bodily Injury means any bodily injury that 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.

What is the Sentence for a Simple Assault Charge NJ?

Simple assault is traditionally a disorderly persons offense in New Jersey. So, anyone convicted of a simple assault will be facing six months in jail, a $1,000 fine, community service, court mandated anger management, probation and a criminal record. If the incident is deemed “mutual combat”, meaning that it was a mutual fight and their wasn’t a clear aggressor, then the Defendant will be charged with a petty disorderly persons offense. Anyone convicted of a petty disorderly persons offense will be facing thirty days in jail, a $500 fine, community service, court mandated anger management, probation and a criminal record.

Where Do I go to Court for a Simple Assault Charge in Howell?

Since simple assault is a disorderly persons offense, the charges must be litigated in the Howell Municipal Court provided the incident occurred within the borders of Howell township. The Howell Municipal Court is located at 300 Old Tavern Road in Howell. Conversely, if someone has been charged with a aggravated assault, then those charges must be transferred to the Monmouth County Superior Court, which is located in Freehold. For more information on simple assault charges, including how to defend a simple assault charge in New Jersey, please click the link.

Aggravated Assault Lawyers in Howell Township

All aggravated assault charges will be considered felony offenses in New Jersey. They will be governed under NJSA 2C:12-1b. The aggravated assault statute has in essence been broken down into two main subsections; Second Degree Aggravated Assault and Third Degree Aggravated Assault. The type of injury alleged is what will dictate what degree of aggravated assault a Defendant will be charged with. Aggravated assault in the second degree would require the prosecution to prove that the Defendant either caused and/or attempted to cause serious bodily injury (see above). Conversely, aggravated assault in the third degree would require the prosecution to prove that the Defendant either caused or attempted to cause significant bodily injury. Significant bodily injury has been defined as any injury that creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five sense. So, as you can see the type of injury required for a second degree aggravated assault is much higher than that of a third degree aggravated assault.  For more information on aggravated assault charges, including how to defend a aggravated assault charge in New Jersey, please click the link.

Degree

Is their Jail time for Aggravated Assault?

2nd Degree Felony

  • 5 to 10 years in prison
  • No Early Release Act Applies – Defendant must serve 85% of their sentence
  • $150,000 Fine
  • Felony Criminal Record

3rd Degree Felony

  • 3 to 5 years in prison
  • $15,000 Fine
  • Felony Criminal Record

Aggravated Assault Defense Lawyer in Howell

If you have been charged with simple assault or aggravated assault in Howell Township, the Law Offices of Proetta & Oliver. If you would like to come into our office and speak to one of our Monmouth County criminal defense attorneys about your options then please contact us at 732.858.6959. We can go over the specifics of your case and we will give you our honest opinion on how we think we can help. These are serious charges and can have life long consequences if not handled properly. Do not let a simple mistake or misunderstanding jeopardize your future.

So let’s start discussion of your problem, maybe it not so big
or call us now 732.858.6959