Wall NJ Assault Lawyer
Facing an Assault Charge in Wall Township?
Assault charges can arise out of countless different scenarios. Some of the most common scenarios include domestic disputes, a road rage incidents, bar fights and even a prearranged fights. The situations can be endless but regardless of the reasons behind the incident, these are not the type of charges to take lightly. Even a simple assault charge, which is the lowest level assault charge under the New Jersey criminal code, still could land an individual behind bars for up to six months. To make matters worse, if the incident is deemed an “act of domestic violence” the individual will more likely than not be required to serve at least 24-48 hours in the Monmouth County jail pending pretrial services interview. If the incident is serious enough, the Monmouth County prosecutor’s office could seek to file for a detention hearing, which means that they could be seeking to keep the individual behind bars pending trial. If you have been charged with assault offense in Wall Township, the Law Offices of Proetta & Oliver can help. To set up a free initial consultation today, please contact our office at 732-858-6959.
Do I need a Lawyer for a Simple Assault Charge in Wall Township?
Anyone arrested for simple assault in Wall Township will be forced to appear in the Wall Municipal Court, which is located at 2700 Allaire Road, to defend the allegations. NJSA 2C:12-1(a) is the governing statute in New Jersey for simple assault charges. In essence, there is three different types of situations whereby an individual can be convicted of simple assault in New Jersey and they are as follows:
- The Defendant attempts to cause or purposely, knowingly or recklessly cause bodily injury to another; or
- Negligently cause bodily injury to another with a deadly weapon; or
- Attempts by physical menace to put another in fear of imminent serious bodily injury.
Under most scenarios, simple assault is considered a disorderly persons offense. This is New Jersey’s version of a misdemeanor and if convicted, a Defendant would be facing up to six months in jail, a $1,000 fine, community service as well as a criminal record. If the incident is deemed a “mutual combat” then the simple assault will be classified as a petty disorderly persons offense, which is also considered a misdemeanor. If convicted, a Defendant would facing up to 30 days in the county jail, a fine up to $500, community service and a criminal record.
The Wall Municipal Court will be in session every Tuesday at 8:30 am and 1 pm and every Wednesday at 8:30 am. The Honorable Joseph F. Defino, J.M.C. is the presiding judge and Steven A. Zabarsky, Esq. is the municipal prosecutor. For directions to the Wall Municipal Court, please click link below.
Need Directions to the Wall Municipal Court?
How Come I Have to Go To Freehold Court for an Assault Charge in Wall NJ?
If you have been charged with an assault charge in Wall Township but are scheduled to appear in the Monmouth County Superior Court, which is located a 71 Monument Street in Freehold then you more likely than not have been charged with aggravated assault. Unlike simple assault, aggravated assault is considered an indictable offense and as a result must be transferred to the superior court for disposition. Aggravated assault, which is governed under NJSA 2C:12-1(b), has numerous different subsections in which a Defendant could be charged under. The underlying degree of most assault charges will be determined by the classification of the injury caused or attempted to be caused (bodily injury, significant bodily injury or serious bodily injury) as well as the status of the victim (i.e. police officer, school employee or EMS). The degree of the offense is what will dictate the potential penalties that one faces. Depending the facts surrounding the incident, the Defendant could be facing either a second, third or fourth degree felony. The potential jail exposure ranges anywhere from up to eighteen months in prison to up to ten years. Here are some of the most common aggravated assault charges issued in Wall Township:
- Aggravated Assault
- Assault with a Deadly Weapon
- Aggravated Assault on a Police Officer
- Pointing a Firearm
- Assault by Auto
Can I Be Served with a Restraining Order for an Assault Charge?
If the assault charge is classified as an act of domestic violence, then the victim in the case could seek to obtain what is known as a temporary restraining order (TRO). A TRO is separate and apart from the underlying criminal charges that may have been filed as well. In order for a TRO to become a permanent order a final restraining order (FRO) must take place. During this hearing it will be the victim (plaintiff’s) burden to establish by a preponderance of the evidence that not only are the victim of an act of domestic violence at the hands of the Defendant but that a permanent order is necessary in order to prevent the Defendant from committing future acts of domestic violence. For more information on restraining orders in Monmouth County, please click the link.
Wall NJ Simple Assault Defense Attorney
Proetta & Oliver is a Monmouth County based criminal defense firm that has been representing those accused of simple assault, aggravated assault, assault with a deadly weapon and assault by auto in Wall Township for the better part of the last decade. These types of allegations carry with them very serious penalties and they should not be taken lightly. If you would like to set up a free initial consultation today, please contact our office at 732.858.6959 or you can try contacting us online. One of our Wall assault defense attorneys would be glad to sit down and go over the specific facts of your case and formulate a game plan that works best to suit your needs. As always, there is no cost for our initial consultation. So, if you have any questions at all, please do not hesitate to contact us.