Chat with us, powered by LiveChat

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.

schedule consultation
or call us now 732.858.6959

Free Initial Consultation 24/7

All Major Credit Cards Accepted

We have successfully defended our clients against thousands of Criminal, DWI, and Municipal Court charges throughout Monmouth County and New Jersey

Simple Assault Attorney in Middletown NJ

Charged with Assault in Middletown NJ?

Whether it was a bar fight, fight between loved ones or a fight between friends, the Middletown criminal defense attorneys at Proetta & Oliver can help. Although the crime of simple assault is the lowest level assault charge in New Jersey, the penalties if convicted can be harsh. Simple assault is a disorderly persons offense in New Jersey. So, if convicted, not only will an individual be saddled with a criminal record but they will also be facing jail time, even for a first time offender. If you have been charged with simple assault and the offense is considered an “act of domestic violence” then a individual may end up spending at least a couple nights in the Monmouth County Jail pending a potential Detention Hearing based on the new bail reforms. For more information on Detention Hearings, please see below. In addition to that, if the act is considered an act of domestic violence, it could also be used by the victim to obtain a Temporary Restraining Order (TRO) as well. This is separate and apart from the criminal charges and they carry rather harsh penalties too if it becomes a Final Restraining Order (FRO). If you would like to speak to one of our Middletown criminal defense attorneys about your options then please contact us at 732-858-6959. As you can see from the map above, our office is located directly across the street from the Middletown Municipal Court at 18 Kings Highway.

Simple Assault Lawyers in Middletown NJThe criminal defense attorneys at Proetta & Oliver fully understand the pressure and stress that most feel when they have been charged with a criminal offense. On top of that, we realize that most individuals that are charged with simple assault are dealing with criminal justice system for the very first time. So, if you would like to come into our office for a face-to-face consultation with one of our attorneys then please contact us at 732-858-6959. We can discuss the specific facts of your case and we will give you our honest feedback on how we can be of assistance. Do not let a simple mistake ruin your future, let the attorneys at Proetta & Oliver help. As always, our initial consultations are free of costs, so if you have any questions whatsoever, please do not hesitate to contact us.

Middletown NJ Simple Assault Defense Attorney

Do I need a Lawyer for a Simple Assault Charge in Nj?

The offense of simple assault is governed by NJSA 2C:12-1a in New Jersey. The legislature has chosen to break this offense down into three different subsections, each of them covering different potential conduct. Here is a breakdown of the three different subsections, including what the prosecution must prove beyond a reasonable doubt in order to obtain a conviction.

Simple Assault Lawyer in Middletown NJ: NJSA 2C:12-1a(1)

  • Before a Defendant can be convicted of this subsection, the State must prove that:
    • The Defendant caused bodily injury to the victim; &
    • The Defendant acted purposely or knowingly or recklessly in causing bodily injury.

Simple Assault Attorneys in Middletown NJ: NJSA 2C:12-1a(2)

  • To be convicted of this subsection, the State must prove that:
    • The Defendant caused bodily injury to the victim; &
    • The Defendant caused said bodily injury by using a deadly weapon; &
    • In doing so, the Defendant acted negligently.

Middletown NJ Simple Assault Attorney: NJSA 2C:12-1a(2)

  • In order to be convicted of this subsection, the State must prove that:
    • The Defendant purposely attempted to put the victim in fear of imminent serious bodily injury; &
    • The Defendant did so by physical menace.

Bodily Injury has been defined as “physical pain, illness or any impairment of the physical condition”.

Is there Jail Time for a Simple Assault Charge in NJ?

Simple assault can be either a disorderly persons or a petty disorderly persons offense in New Jersey. Both of those offense are considered misdemeanor offenses. Here is a breakdown of the potential penalties:

Disorderly Persons Offense

  • 6 Months in Jail
  • $1,000 Fine
  • Anger Management
  • Probation
  • Community Service
  • Restitution if Applicable
  • No Victim Contact Order

Petty Disorderly Persons Offense

  • 30 Days in Jail
  • $500 Fine
  • Anger Management
  • Probation
  • Community Service
  • Restitution if Applicable
  • No Victim Contact Order

Can I get Bail in NJ on a Simple Assault Charge?

Middletown NJ Simple Assault LawyerThe bail reform in New Jersey forever has changed as of 2017. As of now, New Jersey uses a pure risk assessment analysis when determining whether or not a Defendant should be released from jail while the charges  are pending. For the most part, this has lead to more Defendant’s being released on an ROR status or with certain conditions imposed, including an ankle monitor. However, they have strict guidelines when it comes to crimes that are considered an “act of domestic violence”. Defendant’s that fall into that category are supposed to be held in the Monmouth County Jail for at least 48 hours so that pretrial services can do a risk assessment. Once that occurs, the prosecution then has the ability to file for a Detention Hearing if they are seeking to detain a Defendant in the Monmouth County Jail, without bail, pending trial. For more information on Detention Hearings, please contact us at (732)858-6959.

Middletown NJ Simple Assault Attorney

If you have been arrested and charge with simple assault or aggravated assault in Middletown, New Jersey, the criminal defense lawyers in a Proetta & Oliver can help. These are serious criminal charges and should not be taken lightly. At Proetta & Oliver we fully understand that no two clients let alone no two cases are the same. As such, we pride ourselves on being able to adapt our representation tactics to fulfill our clients needs, whether that be a trial, motion practice or negotiating a favorable plea agreement.  If you would like to speak to one of our criminal defense attorneys about your options then please contact us at (732) 858-6959 or email us.

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