Have you been placed under arrest for assault in Tinton Falls? If so, it is very important that you speak to a criminal defense attorney as soon as possible about your options. Tinton Falls is one of the larger townships in all of Monmouth County and as a result, the Tinton Falls Municipal Court deals with its fair share of criminal offenses, including simple assault charges. In fact, according to the court statistics, the Tinton Falls Municipal Court presides over around 1,000 criminal offense each and every year. The vast majority of assault charges that originate out of Tinton Falls revolve around either a domestic dispute between loved ones or bar fight at places like Woody’s, CJ McLoone’s, MJ’s or the Pour House. Regardless of the factual scenario surrounding the charges, the Keith Oliver Criminal Law can help. If you would like to speak to one of our Monmouth County criminal defense attorneys about your options today then please contact us at 732.858.6959.
Arrested for Assault in Tinton Falls New Jersey?
Assault charges in New Jersey are anything but straightforward. They are often very complex and involve a lot of moving pieces, especially if the incident is classified as an act of domestic violence. As you will see below, assault charges in New Jersey can either be considered a simple assault or an aggravated assault. In other words, a felony or a misdemeanor. Furthermore, based on the facts surrounding the incident, the individual may also be served with a temporary restraining order (TRO) as well. TRO’s are totally separate matters that carry with them their own significant consequences. If you have been issued a complaint for simple assault, aggravated assault or served with a temporary restraining order, the Keith Oliver Criminal Law can help. Our attorneys fully comprehend what a criminal conviction, let alone a lengthy jail sentence can do to someone’s life. At our office, your case will not just be juggled between several different associates who are available to cover your case that day. Mr. Oliver, one of the firms founding partners, personally handles all criminal matters that arise out of Tinton Falls, New Jersey. If you would like to set up a free initial consultation today with Mr. Oliver, then please contact our office at 732.858.6959. Mr. Oliver will go over the specifics of your case and formulate a game plan that will work best to suit your needs. Now here is some more information on assault charges in New Jersey.
Simple Assault Defense Lawyer Tinton Falls
Simple assault is considered the lowest assaultive level offense in New Jersey. As such, it requires the least amount of physical injury and under certain subsections, physical injury is not even required. All simple assault charges will be governed by NJSA 2C:12-1a. The legislatures have chosen to break this offense into three different subsections. Here is a breakdown of each of those subsections, including what the prosecution must prove in order to obtain a conviction.
NJSA 2C:12-1a(1):
The prosecution must establish the following occurred:
- The Defendant purposely, knowingly, or recklessly caused or attempted to cause bodily injury to another.
NJSA 2C:12-1a(2):
The prosecution must establish the following occurred:
- The Defendant negligently caused bodily injury to the victim by using a deadly weapon.
NJSA 2C:12-1a(3):
The prosecution must establish the following occurred:
- That the Defendant purposely attempted to put the victim in fear of imminent serious bodily injury.
The term bodily injury has been defined as some form of a physical pain, illness or any impairment of the physical condition.
The term Serious bodily injury has been defined as 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.
Jail Time for Simple Assault Charge?
Simple assault is considered a disorderly persons offense, which is New Jersey’s version of a misdemeanor. If convicted, a Defendant will be facing up to six months in the Monmouth County Jail, a $1,000 fine and a criminal record. With that being said, the act has been classified as a mutual combat, meaning that neither party was the aggressor, the Defendants will be charged with a petty disorderly persons offense. This is the lowest level criminal offense in New Jersey, if convicted a Defendant would be facing up to 30 days in the Monmouth County Jail, a $500 fine and a criminal record. If you have been charged with a simple assault in Tinton Falls and you would like to speak to one of our attorney about your options then please contact us at 732.858.6959 or you can checkout our how to defend a simple assault charge in New Jersey, page by clicking the link.
Tinton Falls Aggravated Assault Lawyer
All aggravated assault offenses are considered felony offenses in New Jersey. So whether the Defendant was charged with a second, third or fourth degree aggravated assault offense, they will be facing a felony offense. By far the most common aggravated assault charges in New Jersey are aggravated assault in the second degree and aggravated assault in the third degree. The difference between degrees will boil down to the injury suffered by the alleged victim. If the victim suffers, serious bodily injury, which has been defined above, the Defendant will be facing a second degree felony. If convicted, a Defendant would be facing anywhere from five to ten years in prison. Conversely, if the victim is alleged to suffered significant bodily injury, then the Defendant will be facing a third degree felony. If convicted of a third degree felony, a Defendant will be facing up to five years in prison. For more information on how to defend an aggravated assault charges in Tinton Falls, then please contact us at.
What is the Bail on an Assault Charge in NJ?
As of 2017, bail in New Jersey has completely shifted. Our currently bail system is based on a risk assessment basis and the prosecution now has the ability to detain a Defendant in the Monmouth County Jail, without bail, pending trial. In order to do so a Detention Hearing must take place. During this hearing, it will be the prosecutions burden to establish by clear and convincing evidence that in order to protect society, to assure the Defendant’s appearance in court or prevent them from obstructing the prosecution of their case, they must be detained without bail. These hearings could and always should be contested. Also, if the incident is considered an act of domestic violence and the charges issued on a warrant, the Defendant will almost certainly be detained in the Monmouth County Jail for a couple days, pending a risk assessment evaluation. For more information on Detention Hearings in Monmouth County, please contact our office at 732.858.6959
Tinton Falls NJ Assault Attorney
If you have been charged with simple assault, aggravated assault, stalking, harassment, driving while intoxicated, possession of marijuana under 50 grams in Tinton Falls, the Keith Oliver Criminal Law cane help. We fully understand that no two clients let alone no two cases are the same. As such, we are dedicated to working very close with our clients in order to formulate a game plan that works best to suit your needs. If you would like to come into our office and have a face to face consultation with Mr. Oliver or one of the other attorneys on staff, then please contact us at 732.858.6959. As always, our initial consultations are free of costs.