What are the penalties for simple assault charges in New Jersey?

While simple assault is not as serious as aggravated assault, the penalties for this crime in New Jersey are still quite severe. A conviction for simple assault charges can result in up to six months in jail as well as fines of up to $1000. If the simple assault occurred as part of a mutual fight or a scuffle, then the charges may be reduced to a petty disorderly person’s offense. In this case, you will face up to 30 days in jail and fines of up to $500. Depending on the circumstances of your assault case, it may result in a restraining order being taken against you. If you are convicted on simple assault charges, it will go on your permanent record. This will have a negative impact on your life in the long term. It can make it difficult to secure employment, housing, or even access some academic opportunities. The experienced New Jersey simple assault attorneys at Davis Law Firm, LLC will work to help you avoid the long-term consequences of simple assault charges and convictions. We will fight to protect your rights and secure the best possible outcome in your case.

What is a disorderly persons offense in New Jersey?

Under New Jersey law, crimes are divided into indictable criminal offenses and disorderly persons offenses depending upon the severity attributed to the crime by the state legislature. Disorderly persons offenses are similar to misdemeanor offenses in other states, and are generally perceived as less severe crimes. Despite this, disorderly persons offenses still appear on your criminal record, making it important to retain skilled legal counsel to take steps that can avoid conviction in some cases, or ensure that the offense is expunged from your record at a later date if possible in your case.

What is a deadly weapon for purposes of the New Jersey simple assault statute?

The term “deadly weapon” is interpreted broadly to include almost any item capable of causing serious bodily injury to another person. Obviously, weapons such as guns and knives are included in this category. However, less obvious weapons are also included, such as baseball bats or a brick that is thrown toward another person. Remember that simple assault charges can result even if you did not really want to hurt the other person involved if you reasonably should have known that your actions could have caused an injury.

Can a simple assault charge in New Jersey be expunged from your criminal record?

Yes. It is possible to have simple assault charges in New Jersey expunged from your criminal record. That is as long as you meet the requirements for eligibility. The requirements for expungement will depend on the nature of your charges. If your simple assault charges were charged as a petty disorderly person’s offense or a disorderly person’s offense, you can begin the expungement process four years after completing your sentence and paying any fines. Under some circumstances, you may be able to have your charges expunged through an early pathway after just three years. Contact Davis Law Firm, LLC

New Jersey Simple Assault Attorneys

Simple Assault Defense Lawyers in Hamilton Fight for Clients’ Rights in Mercer County, Middlesex County, Camden County, and Throughout NJ

In New Jersey, simple assault is considered a serious and violent crime. It is categorized as a disorderly person’s offense. The penalties for simple assault are quite severe. You face up to 6 months in jail as well as other penalties. You will also have a criminal record that will have a long-term impact on your life. The experienced and skilled New Jersey simple assault attorneys at Davis Law Firm, LLC can help you avoid the long-term consequences of a conviction.

Davis Law Firm, LLC offers you access to a team of aggressive and skilled criminal defense attorneys. Our team is dedicated to providing those accused of crimes in New Jersey with the best possible defense against their charges. We have extensive experience in successfully representing clients in cases involving assault, including simple assault and domestic violence. We’ll fight to get the best possible outcome in your case.

Contact us now to consult with our simple assault defense lawyers in Hamilton, NJ. Our attorneys are available to answer your questions and address your concerns. We’ll explain your charges, rights, and options to you.

What is Simple Assault?

To obtain a conviction for assault, at the most basic level, the prosecution must prove that the accused individual caused or attempted to cause bodily injury to another person. New Jersey divides the crime of assault into two distinct categories—simple assault and aggravated assault. The range and severity of potential punishments that may apply upon conviction varies depending upon this basic initial categorization, as well as a number of other factors, such as the severity of the injury caused. Although “simple assault” is the lesser of the two crimes, if you have been arrested or investigated for simple assault in New Jersey, it is important to remember that this is still a violent crime that requires the advice of experienced legal counsel as early as possible.

At the Davis Law Firm, LLC, our experienced criminal defense lawyers take allegations of simple assault seriously. We understand that circumstances can often be misunderstood by the prosecution, and are ready to go to work to prepare a forceful and persuasive defense to obtain the best possible results in your case.

Degrees of Assault Under New Jersey Law

Simple assault is typically the crime charged if an individual is accused of causing or attempting to cause bodily injury to another in cases where the injuries or potential injuries were not severe. The prosecution in New Jersey can prove simple assault in three ways under N.J.S.A. 2C:12-1, including by proving that the accused person:

Purposefully, knowingly or recklessly caused or attempted to cause bodily injury to another person,
Negligently caused bodily injury to another person by using a deadly weapon, or
Put another person in fear of imminent serious bodily injury, such as by threatening that person with a deadly weapon.

Bodily injury under New Jersey law means physical pain, impairment, or condition. Serious bodily injury means a bodily injury that creates a substantial risk to the life of the victim or that results in serious, permanent disfigurement, impairment, or loss of function of a bodily organ or member. Simple assault charges are brought when a person causes a non-serious bodily injury. Aggravated assault charges are brought against a person when the victim suffers serious bodily injuries.

When it comes to simple assault in New Jersey, deadly weapons refer to firearms, instruments, devices, or substances that can be used or are capable of causing death or serious bodily injuries.

Simple assault is charged as a disorderly person’s offense. These charges are at the same level as misdemeanors in other states. These charges are heard in municipal court and can result in a jail term in the county jail of up to 6 months and fines of up to $1000.

While the penalties are less severe than for aggravated assault, you will still have a criminal record that will have a long-term impact on your life. The New Jersey simple assault attorneys at Davis Law Firm, LLC will fight to protect your rights, freedom, and future. We will give your case the attention and resources it deserves in order to get the best possible outcome.

Penalties for Simple Assault in Mercer County

Simple assault is a disorderly persons offense under New Jersey law unless the injury involved occurred because of a fight that both parties entered into willingly, in which case the degree is reduced to a petty disorderly persons offense. Disorderly persons offenses are generally punishable by:

A fine of up to $1,000 for disorderly persons offenses,
A fine of up to $500 for petty disorderly persons offenses,
A court-ordered fine that does not exceed twice the amount of the victim’s losses,
Up to six months in jail.

Simple assault is elevated to a fourth degree criminal offense, punishable by a fine and up to 18 months in jail, if the assault occurred:

While the accused was working in a care facility for the elderly and the victim was an institutionalized elderly person, or
While a child under age 16 was present, and the assault occurred at a school or community-sponsored youth sports event, regardless of whether the accused person knew that a child under age 16 was present.

Experienced Simple Assault Lawyers Effectively Defend Clients Accused of Crimes in Mercer County

The advice of a seasoned Mercer County simple assault lawyer can be especially valuable in simple assault cases because of the low standard of proof that the prosecution faces in these cases. For example, although intent is an important element of any crime, in the case of a simple assault charge, it is sufficient that the prosecution prove that the accused person acted negligently in causing the injury. This means that if you did not actually want the weapon used to make contact with the alleged victim, if it was reasonable to assume that you should have been aware of the possibility of contact and injury under the circumstances, negligent simple assault can be proven.

The potential vagaries present in these types of cases give an experienced criminal defense window substantial opportunities to create a strong argument that the requisite intent element was not present in some cases. At the Davis Law Firm, LLC, our team of lawyers leave no stone unturned in investigating your case as we fight to obtain reduced charges or even an outright dismissal if possible.

Consult with Our New Jersey Simple Assault Attorneys and Learn About Your Rights and Options

If you or a loved one is facing simple assault charges, you shouldn’t take them for granted. While simple assault charges may not seem so serious, the penalties for these charges in New Jersey are severe. You will also face the long-term effects of a charge or conviction because of your criminal record. Contact Davis Law Firm, LLC for guidance and support from our simple assault defense lawyers in Hamilton, NJ. We can help protect your freedom and future.

The New Jersey simple assault attorneys at Davis Law Firm, LLC are dedicated to providing our clients with compassionate and aggressive legal services. We will fight to ensure that your rights are protected. We will work in your best interests and secure the best possible outcome in your case.

Securing Justice For Real People