The term “simple assault” can be very misleading, as it implies that these charges may be less serious than they are. In fact, simple assault charges can result from a variety of highly contentious situations, including domestic violence incidents, alcohol-fueled altercations, and even conflicts with police. As a result, simple assault charges are often accompanied by charges for other criminal offenses, such as resisting arrest, disorderly conduct, or terroristic threats. They may also be issued in coordination with restraining orders, which are adjudicated in a separate legal venue but can lead to equally devastating consequences. The language of the simple assault statute is purposefully vague, encompassing both intentional and unintentional behavior that may or may not result in actual injury to the victim. Regardless of the situation that gives rise to the charges, these offenses are punishable by significant fines, a jail sentence, and a charge on your criminal record, in addition to alternative penalties such as community service and anger management counseling.
At The Law Offices of Jonathan F. Marshall, we bring decades of experience as both prosecutors and criminal defense attorneys into each new case, utilizing our exposure to both sides of the criminal justice system to formulate the most effective defenses for our clients. By investigating every facet of your case to identify potential strengths and weaknesses, we can move forward with a strategy that positions you to achieve the best possible result. Whether we are negotiating a plea to a lesser sentence or a downgraded charge, facilitating your enrollment in a diversionary program, or fighting for a dismissal at trial, our lawyers are committed to pursuing every available avenue in order to achieve a desirable outcome. For a free consultation with a member of our talented defense team, contact The Law Offices of Jonathan F. Marshall anytime. One of our attorneys is standing by to immediately assist you.
Simple Assault Charges in New Jersey: N.J.S.A. 2C:12-1
According to section N.J.S.A. 2C:12-1 of the New Jersey Criminal Code, the law regarding simple assault is as follows:
A person is guilty of a simple assault if he or she:
- Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
- Negligently causes bodily injury to another with a deadly weapon; or
- Attempts by physical menace to put another in fear of imminent serious bodily injury.
Contact our Raritan Township Simple Assault Lawyers for Immediate Assistance
It is important to note that simple assault does not require actual injury to occur. This charge may be warranted if a person attempts to cause bodily injury to another, whether this behavior occurs purposely, knowingly, or recklessly. Further, simple occur can occur unintentionally due to negligent behavior with a deadly weapon. Lastly, this charge can result if an individual places another in fear of imminent serious bodily injury, meaning that the threat alone can provide grounds for a charge of this kind.
Simple assault is classified as a disorderly persons offense, which is punishable by a sentence to serve up to 6 months in the county jail, as well as a maximum fine of $1,000. Notably, simple assault can be graded as a petty disorderly persons offense if it occurs in a mutual fight or scuffle. These offenses are punishable by a sentence to serve up to 90 days in the county jail, as well as a maximum fine of $500. A conviction for simple assault may also entail treatment for anger management, community service, and/or restitution payments to the victim, imposed at the discretion of the court.
What might otherwise be deemed a simple assault can be elevated to aggravated assault if the alleged victim is a law enforcement officer or public servant. If arising from a domestic violence incident, a restraining order may also be issued, which can spell collateral consequences and even additional criminal charges for contempt if the restraining order is violated at a later date.
To discuss your simple assault charges with one of our seasoned criminal defense attorneys, contact The Law Offices of Jonathan F. Marshall at 908-722-1011.
