A Former Edison Prosecutor Is Available At Our Firm To Defend Your Charge
A charge for simple assault in Edison Township, though handled in Edison Municipal Court, can be a serious offense. Don’t be fooled into thinking that this charge can be taken lightly just because its a disorderly persons offense as a conviction will not only leave you with a criminal record but expose you to up to 6 months in the Middlesex County Jail. You need the best Edison criminal attorney you can find if you have been charged with simple assault in Edison and we have what you need.
Highly Qualified Edison Simple Assault Lawyers Are Ready To Take Your Call
We are Marshall Criminal Defense, a firm with truly unique qualifications to ensure that you achieve the most favorable outcome. Our team possesses:
- Over 200 years of combined experience defending simple assault, aggravated assault and other assault related offenses arising in Edison
- 15 lawyers who specialize exclusively in representing the accused
- Former municipal prosecutors who have even served in Edison Municipal Court
- Former Middlesex County Prosecutors on staff
- Certified criminal trial attorneys
- A long history of success translating into many downgrades and dismissals of simple assault charges
You should select your defense lawyer very wisely, especially if you are not a citizen (given that deportation may be a consequence of conviction) are subject to an existing restraining order, or hold or are applying for a professional license (e.g. CPA, RN, teacher, MD, etc.). Our team is definitely worthy of serious consideration given our vast experience and track record of favorable outcomes in Edison simple assault cases. To reach one of our lawyers anytime 24/7 in a free initial consultation, call (732) 248-7675.
Simple Assault Charge Edison NJ
The statute that governs a New Jersey simple assault offense is N.J.S.A. 2C:12-1a and this law outlines three different ways in which a person can be convicted of this violation. The first of these should be pretty obvious. A person commits a simple assault, where they purposely, knowingly, or recklessly cause bodily injury to another. To break this down, the prosecution must establish three elements. First, the accused must have acted with the requisite state of mind, i.e., purposely, knowingly, or recklessly. It is not enough for criminal prosecution purposes for the person to have acted merely negligently. Second, the prosecution must show that bodily injury occurred to another. Bodily injury, for the purposes of this statute, is defined as physical pain, illness or any impairment of physical condition. Lastly, the prosecution must show that it was the accused who caused that bodily injury. If the prosecution can establish these three elements, that is the first avenue by which they may prosecute under the statute.
The second way the prosecution may be able to obtain a conviction for simple assault is where the accused negligently causes bodily injury to another with a deadly weapon. While typically negligence is not enough to commit a simple assault in other areas of the statute, this reflects a clear State interest in limiting and cracking down on the use of deadly weapons. For the purposes of this statute, a deadly weapon is defined as any firearm or other weapon, device, instrument, material or substance which in the manner used or intended to be used is capable of producing death or serious injury. It is of note that an automobile, for the purposes of this offense, cannot be regarded as a deadly weapon. Assault by auto is handled as a separate offense.
The last way that a person may open themselves up to liability for simple assault is where they commit a simple assault through “Physical Menace”. Specifically, to be convicted, a person must attempt by physical menace to put another in fear of imminent serious bodily injury. The state of mind required for a conviction of this offense is purpose. The accused must act with the purpose of putting another in fear. Moreover, what is not clear on the face of the statute is that the prosecution has the additional burdens of showing both that the accused took a substantial step towards the culmination of causing the fear they intended and that it was objectively possible for the accused to carry out the harm at that time (i.e. the accused had both the present ability and present opportunity to cause harm). If the prosecution can show these various elements, they will be able to obtain a conviction for a simple assault.
Simple Assault Penalties
As stated previously, a simple assault charge can come as either a disorderly persons offense or a petty disorderly persons offense. It is a petty disorderly persons offense only where a fight is entered into by mutual consent, all other charges are disorderly persons offenses. A petty disorderly persons offense comes with a fine of $500. By contrast, a disorderly persons offense comes with a fine of $1,000 and the possibility of incarceration. You should also know that certain aggravating factors can enhance a simple assault to aggravated assault, for example, a victim that is a police officer. Other collateral consequences can include entry of a temporary restraining order or final restraining order.
Edison NJ Simple Assault Attorneys
The attorneys at our firm can help answer all of your questions about the possible consequences your simple assault charge in Edison Township may open you up to and more. With over two centuries of collective experience, the criminal lawyers at the Marshall Law Office know how to help you mount a defense and limit your possible exposure to penalties. So please give us a call today at (732) 248-7675, so that an attorney can begin to help you through this trying time.
