Keyport NJ Assault Charge Lawyer
Facing an Assault Charge in Keyport New Jersey
Have you been placed under arrest and charged with simple assault, aggravated assault, assault with a deadly weapon, assault on a police officer or served with a temporary restraining order in Keyport, New Jersey? If so, we strongly urge that you contact an experienced criminal defense attorney as soon as possible to discuss your options. New Jersey as a whole, which includes the Borough of Keyport, takes these types of offenses very serious and any one of these offenses could have life long devastating consequences if not handled properly. Furthermore, depending on the underlying allegations, the Monmouth County prosecutor’s office may seek to file what is known as a Detention Hearing. If that is to occur, that means that they will be seeking to convince a Judge that the Defendant must be detained, pretrial, without bail. So, as you can tell, these types of charges are not something to take lightly. If you have found yourself in this unfortunate situation and would like to discuss your options with one of the Monmouth County criminal defense attorneys at Proetta & Oliver, then please contact our Middletown office 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.
Charged with Simple Assault in Keyport, NJ?
Although simple assault is the lowest assaultive level crime in New Jersey, the potential consequences if convicted can be crippling. It is considered a disorderly persons offense, which is New Jersey’s version of a misdemeanor. If convicted, a Defendant could be find themselves being sentenced to behind bars for up to six months, fined up to $1,000 and saddled with a permanent criminal record. As you can see, this is not something to take lightly.
All simple assault charges will be governed under NSJA 2C:12-1a and there are three different subsections to which a Defendant could be charged under. They are as follows:
- Attempted to cause or purposely, knowingly or recklessly caused bodily injury to another; or
- 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.
Since simple assault is considered a disorderly persons offense, the case must be litigated in the Keyport Municipal Court, which is located at 70 West Front Street. For more information on the Keyport Municipal Court, including their hours of operation and court schedule, please click the link.
Can I Be Served with a Restraining Order for Simple Assault Allegation?
Yes. If the incident is classified as an act of domestic violence, then the “victim” has the right to seek a temporary restraining order (TRO). A TRO is separate and apart from any potential criminal charges, like simple assault or aggravated assault. All restraining orders will be heard in the Chancery Division, Family Part of the Monmouth County Superior Court, which is located in Freehold provided the incident occurred in Keyport. A TRO is exactly what is appears to be, temporary, in order for this to become a permanent a final restraining order (FRO) hearing must be conducted. During this hearing it will be the victim, also known as the plaintiff, burden to establish by a preponderance of the evidence that they are in need of a permanent order of protection. For more information restraining orders in Monmouth County, please click the link.
Aggravated Assault Defense Attorneys in Keyport, New Jersey
Unlike simple assault, aggravated assault is considered an indictable offense, which is New Jersey’s version of a felony. Therefore, all aggravated assault charges that originate in Keyport must be transferred to the Monmouth County Superior Court, Criminal Division, which is located in Freehold for disposition. Most aggravated assault charges will be considered either a second or a third degree felony. Typically, the injury caused or attempted to be caused will dictate what degree of aggravated assault a Defendant is charged will. For more information on aggravated assault charges in Monmouth County, please click the link. Depending on the degree, if convicted, a Defendant could be facing up to a decade behind bars.
Right to Bail on Assault Charges in New Jersey?
Depending on the degree of the charges, the underlying facts of the incident and/or whether or not the incident is classified as an act of domestic violence, the prosecution might file for a detention hearing. If that is to occur, that means that the prosecution is seeking to convince the Judge that the Defendant must be detained pretrial, without bail. If this is to occur, it will be their burden to establish by clear and convincing evidence that the Defendant possess a danger to the community, is a flight risk and/or possess a risk to obstructing the prosecution of their case if released. This types of hearings can and always should be contested. For more information on detention hearings in New Jersey, please click the link.
Assault Charge Lawyer in Keyport NJ
Proetta & Oliver is a Monmouth County based criminal defense firm, that operates out of Middletown which is located less than five minutes from the Keyport Municipal Court. As such, our attorneys have been appearing in the Keyport Municipal Court for the better part of the last decade, defending those accused of serious crimes like assault and restraining orders. If you have unfortunately found yourself in this type of situation and you would like to discuss your options with one of our attorneys, then please contact our office directly at 732.858.6959 or you can try contacting us online.