Assault and Fighting Offenses In Seaside Park
Jonathan Marshall: Former New Jersey Prosecutor
The criminal defense attorneys at the Law Offices of Jonathan F. Marshall defend individuals arrested and charged with assault and Fighting Offenses in Seaside Park. It is important to note that you can be charged criminally under the authority if N.J.S.A. 2C:12-1. Additionally, you may also receive a municipal ordinance violation. The degree of the assault charged will vary depending upon the facts of your case. Typically, consensual altercations are charged as either a simple assault or a municipal ordinance violation. However, if the police attempt to effectuate an arrest, and the individual resists, an aggravated assault against a police officer may be charged. The line between simple and aggravated is anything but clear, but a defense lawyer at our law firm will explain each aspect of your case, including the validity of your arrest, the nature of the charges, the penalties, the defenses, and answer any questions that you may have. It is not uncommon for a simple fight to result in an arrest for an indictable offense. An indictment for a second or third degree crime could mean significant jail time. The lawyers at our criminal defense law firm are available 24 hours a day, and your initial consultation is always free. Call today to speak with a criminal defense attorney.
Seaside Park Fighting and Assault Ordinance
As stated, fighting and assault can be charged as a municipal ordinance violation and as an offense under the New Jersey Criminal Code. Convictions for municipal ordinance violations leave the defendant exposed to jail time, community service, and significant fines. Furthermore, a municipal record will result. And while it may not be revealed in more general criminal records searches, agencies (particularly government agencies) will sometimes uncover the infraction. The Seaside Park ordinance code penalizes fighting and assault as follows:
§53-47. Intent to break and enter, assault, steal.
No person shall, within the limits of the said borough, have upon his or her person any pick lock, key crow, jack, bit or other implement with an intent to break and enter into any building, or have upon his or her person any pistol, hanger, cutlass, bludgeon or other offensive or dangerous weapon with intent to assault any person; and no person shall hide or be found in or near any dwelling house, warehouse, stable, barn, schoolhouse or any place of public resort or assemblage for business, worship, amusement or other lawful purposes, with an intent to steal any goods or chattel.
N.J.S.A. Assault and Fighting Statute
N.J.S.A. 2C:12-1 is the New Jersey criminal code statute that penalizes assault and fighting. It is important to note that the statute distinguishes simple from aggravated assault. Basically, a defendant has committed a simple assault if he causes or attempt to cause, or puts someone in fear of imminent bodily harm. Thus, the mere threat of bodily harm to another could result in a simple assault charge. Although there are a number of situations in which an individual may be convicted of aggravated assault, some are more common than others. Most notably, if the actions of the accused cause or put the alleged victim in fear of serious bodily harm, than a complaint for aggravated assault will follow. Additionally, a simple assault committed against a police officer is charged as an aggravated assault. Assault charges range from a disorderly persons offense all the way up to a second degree crime. The degree of offense is frequently determined by the mind set of the defendant at the time of the offense. Whether the individual acted recklessly, knowingly, or purposely will play a large part in determining the degree of the crime. The injuries incurred will also be considered. As mentioned, police involvement will also be taken into account. The criminal assault statute is long, complicated, and anything but clear. However, given the many gray areas that exist, an experienced lawyer will be able to deduce whether the elements necessary to prove the State’s case are present.
If you have been arrested for fighting or assault in Seaside Park, contact our criminal defense firm today to speak with an attorney. An arrest and conviction for either simple or aggravated assault is not to be taken lightly. A criminal record will frequently preclude an individual from many types of employment, not to mention the stigma associated with a perceived crime of violence. A lawyer at our firm will answer all of your questions, discuss your available defenses, and assess the best course of action.
The Law Offices of Jonathan F. Marshall are locate at 157 Broad Street, Red Bank, NJ 07701, and at 216 N. Ave East, Cranford, New Jersey 07016. We handle all types of criminal and traffic matters, including, DWI, speeding, reckless driving, driving while license suspended, assault, criminal mischief, disorderly conduct, all theft charges, resisting arrest, eluding an officer, etc. Call us today for a free consultation.
