If your child is under the age of 18 and has been charged, or is in danger of being charged, with Simple Assault then you should contact a juvenile defense lawyer immediately. Not every attorney, or even defense attorney for that matter, knows how to properly defend a juvenile complaint. New Jersey provides different laws for juvenile charges and conviction (delinquency), and each county even has a separate juvenile court altogether. However, at the Law Offices of Jonathan F. Marshall, our former New Jersey Prosecutors and veteran criminal defense attorneys specialize in juvenile defense as well as possessing over 60 years of combined experience. If your son or daughter has been arrested or charged with simple assault, then call us at 855-450-8310 to set up an appointment with a defense attorney at one our conveniently located offices. As always all of our initial consultations are absolutely free of charge. Our attorneys appear throughout the state on these offenses including Ocean County, Monmouth County, Union County, Middlesex County, Somerset County, Mercer County, Essex County, Bergen County, and Hudson County.
New Jersey Juvenile Simple Assault Charge
The NJ simple assault law applies to juvenile delinquency proceedings the same way it applies to adult offenders charged with the crime. A simple assault offense, N.J.S.A. 2C:12-1, can involve a number of different circumstances including purposely or recklessly causing physical injury to another, or an attempt to cause such, or negligently causing bodily injury with a weapon, or physically attempting to put another in fear of serious physical injury. This means that an individual can be charged and found delinquent or guilty of simple assault even when they did not intend to injure the other person. Simple assault is usually a disorderly persons offense, but it will be downgraded to petty disorderly persons when it is committed during a flight or mutually consented fight. Furthermore, if the intended victim was a police officer or some other public official, then the offense becomes upgraded to an aggravated assault charge.
Simple Assault as Applied to Juveniles
When a juvenile is charged with delinquency the court holds a hearing to determine if delinquency exists. If a juvenile is found delinquent, meaning they would be found guilty of the crime of simple assault if they were an adult, then the court may impose an appropriate sentence. Simple Assault is typically considered a disorderly persons offense or a petty disorderly persons offense when it arises out of a consensual fight or scuffle. Disorderly persons offenses usually bring no time of incarceration for first time juvenile offenders N.J.S. 2A:4A-44(b)(1). However, this still leaves the court with the power to impose a non-custodial disposition from the broad spectrum of choices specified in N.J.S. 2A:4A-43 that range in harshness. It should also be noted that if the intended victim was a police officer or some other public official, then the offense becomes an aggravated assault charge, which can bring the possibility of incarceration. The criminal lawyers at our firm are often successful in obtaining the least severe non-custodial sentence and/or dismissal altogether for our juvenile clients and their families when it comes to these types of charges.
If your son or daughter has been charged or arrested for simple assault, the criminal attorneys at our law firm can address your concerns and insure that your child is properly defended. Our lawyers are experienced in handling juvenile cases and are available to appear in Monmouth County, Middlesex County, Union County, Ocean County, Mercer County, Somerset County, Essex County, Hudson County and Bergen County. Our lawyers have a long history of success at downgrading juvenile simple assault charges to less serious offenses, acquiring satisfactory dispositions or having the offense dropped altogether. Make sure your child has an opportunity for a second chance by retaining an experienced attorney to defend them. A lawyer is available immediately to assist your child and the consultation is without charge. Please do not hesitate to contact our law firm so you and your family can put this matter be behind you as soon as possible.
