Criminal Lawyer for Simple Assault Charges in Kearny New Jersey
One of the most commonly encountered charges in Kearny New Jersey is simple assault. There are almost endless scenarios that can result in someone being charged with this disorderly persons offense including an argument that gets physical, domestic conflict or scuffle at a sporting event. The penalties and long-term consequences of a simple assault conviction, including jail time and a permanent criminal record, call for staunch advocacy from Kearny criminal lawyer with experience defending this charge. Our firm has exactly what you need.
The Law Offices of Jonathan F. Marshall is a team of ten (10) lawyers that specialize exclusively in criminal defense and possess an extreme amount of experience defending cases like yours — over 200 years collectively. Most of the litigators have also served as prosecutors in the past, including at the municipal level in over 25 towns and in high level positions for decades at the county level. Our skills are so extensive that we have been certified as criminal trial attorney by the New Jersey Supreme Court. If you were arrested for simple assault in Kearny, a highly knowledgeable attorney on our staff is available to speak with you at any time of the day or night during a free initial consultation. Call us now at (201) 309-0500.
Simple Assault Offense in Kearny NJ
N.J.S.A. 2C:12-1(a) defines simple assault as occurring if a person engages in any of the following forms of behavior:
Causing or attempting to cause another person to suffer bodily injury either knowingly, recklessly or purposely;
Negligently causing bodily injury to another person through the use of a deadly weapon; or
Physical menacing in an attempt to put another person in fear of imminent serious bodily injury.
The statute makes an attempted simple assault as serious an offense as actually causing physical harm to another person. It is essential to know exactly what took place leading up to a simple assault arrest in order to identify possible defenses. For example, defending yourself or another person against an attack may be self-defense and legal justification for your conduct. We investigate to gather evidence supporting a defense strategy to challenge and attack the prosecution version of what took place.
Simple Assault Penalties
As previously stated, simple assault is classified as a disorderly persons offense in New Jersey, but you must bear in mind that New Jersey uses different terminology for crimes than is used in other states. A disorderly persons offense is actually a misdemeanor, and you could go to jail. Kearny Municipal Court judges have the authority to sentence you to serve up to six months in the Hudson County Correctional Center and order you to pay a fine of as much as $1,000.
Escalation of Simple Assault to an Aggravated Assault Offense. Depending upon the occupation of the individual identified as the victim, conduct that would normally be a simple assault could be upgraded to an indictable crime, which is the equivalent of a felony. Certain occupations have been designated under New Jersey law for protection against assaultive conduct. A simple assault committed against police officers, corrections employees, teachers, school administrators, firefighters and emergency medical personnel, bus drivers and people engaged in other occupations specifically protected by state law is enhanced to aggravated assault under N.J.S.A. 2C:12-1b(5). The penalties include a stiff state prison term when someone is convicted of aggravated assault.
Conditional Discharge & Pretrial Intervention. There are diversion programs that allow someone to avoid a conviction and penalties for assault in Kearny Municipal Court or at the Hudson County Superior Court. Both Conditional Discharge (i.e. for simple assault) and Pretrial Intervention (i.e. for aggravated assault) are what we are referring to in this regard. Either option requires completion of at least one year of probation but, in return, the accused avoids a criminal record, as well as the penalties that otherwise apply under 2C:12-1.
Kearny NJ Simple Assault Defense Lawyer
An attorney from the Law Offices of Jonathan F. Marshall is capable of providing exceptional knowledge of the law and legal defenses to challenge the prosecution evidence and witnesses. To find out more about how one of the attorney at our firm can help you and your options in defending your simple assault charge, call (201) 309-0500. Lawyers are available for a free initial consultation 24 hours a day and seven days a week.
