If you have been hit with simple assault charges in NJ, there are many things a qualified and experienced criminal attorney can do to help you. At the law offices of Villani & DeLuca in Point Pleasant Beach, New Jersey we're here to help. Our lawyers are here to immediately help you with all assault charges, including simple assault, aggravated assault, assault on a police officer, or assault with an automobile. Please contact our firm so you and your family can begin building a strong defense against your NJ simple assault charges.
What is Assault Under NJ Law?
According to New Jersey law, there are several ways in which a person can commit the offense of simple assault. An offender can commit an assault on another by purposely causing bodily injury to a victim, causing bodily injury to a victim by negligently using a deadly weapon or by attempting to put fear of serious bodily injury in a victim.
Different Types of Assault Charges
The least severe assault charge is considered a petty disorderly persons offense, when two people assault one another in a consensual fight. Other instances of simple assault are disorderly persons offenses (often called misdemeanors) and occur in one of the three ways described above, and outlined in N.J.S.A. 2C:12-1(a).
The more severe type of assault charge is considered aggravated assault, charged under statute N.J.S.A. 2C:12-1(b). There are several instances in which the charge could be upgraded to an aggravated assault charge. Factors the court will consider include the amount of damage done to the victim, whether the victim is a police officer, firefighter or school board employee. This is considered a more severe charge and carries a longer imprisonment sentence and larger fine.
Defense Strategies for NJ Simple Assault Charges
Our lawyers at Villani & DeLuca can organize several strategies to help prepare the best defense for you. The best defense is often to file a motion to dismiss the case. If the victim's injuries are not significant or the prosecution has not created a good case, the court can dismiss the case. Another options for the defense would be to file a motion to suppress the evidence. Since every case is different, make sure to contact our law offices to speak to an attorney about the specific facts of your case.
Sentencing for Simple Assault Charges
For a simple assault charge the maximum amount of jail time is six months. The maximum amount of fines is $1,000. The court could also order the offender to pay court costs and financial compensation for the victim. Even after the approved sentence, the court could issue the offender a probation term. In some cases, the judge will issue an order of no contact, stating that the offender is not to contact or speak to the victim of the assault. While the maximum amount of incarceration is six months, if you get the charge downgraded to a petty disorderly persons offense, you will not serve more than 30 days.
Hire a NJ Criminal Lawyer to Defend Your Simple Assault Charge
In order to ensure the best defense for you, you should contact an experienced lawyer. At Villani & DeLuca we have experienced and qualified lawyers here to help you with all your legal troubles. The criminal attorneys defend clients charged with assault throughout Ocean County and Monmouth County, NJ. Call today for a free initial consultation on your case.