Simple Assault Defense Attorneys in West Orange
Simple assault is a very common offense in municipal court throughout Essex County. Whether the charge is the result of an incident of domestic violence or a bar fight, the commission of a simple assault is a disorderly persons offense. At the Law Offices of Marshall, Bonus, Proetta & Oliver, our attorneys have been dealing with assault cases for many years from both the perspective of a defense attorney and prosecutor. We are former municipal and county prosecutors, and defense lawyers that have handled thousands of simple assault cases throughout local Essex County Municipal Court’s like Montclair, Belleville, Newark, South Orange, Livingston and Nutley. We are prepared to put our knowledge, skill and perseverance to work for you to insure that the very best outcome is reached on your behalf. If you have been charged with simple assault, disorderly conduct, stalking, terroristic threats, harassment, aggravated assault or any other criminal offense for that matter, we can help. For additional information on these offenses and your options, please contact our office at 973.733.2293.
Simple Assault Lawyer in Montclair NJ
The simple assault law is contained at N.J.S. 2c:12-1 and outlines three (3) situations where a violation can occur. First, an individual commits a simple assault when he or she attempts or knowingly or recklessly causes bodily injury to another person. The second way a 2C:12-1 offense can occur is when bodily injury is caused as the result of the defendant’s negligence with a deadly weapon. The third and final scenario where simple assault arises is where someone attempts to put someone in fear of immediate serious bodily injury through physical menacing.
For purposes of N.J.S. 2C:12-1, “bodily injury” means physical pain, illness or impairment. “Serious bodily injury” is a condition that creates a substantial risk of death, permanent disfigurement, or protracted impairment of body function. An individual acts recklessly when he or she consciously and unjustifiably disregards a known and substantial risk of bodily injury. Negligence is failure to use the standard of care that a reasonable person would use. A “deadly weapon” is an item that, even if not viewed traditionally as a weapon, is capable of causing death or serious bodily injury.
What you should take from the aforesaid discussion of the law is that actual damage to a person is not necessary in order for a simple assault to transpire. All it really takes is an unwanted touching, negligent use of something that constitutes a deadly weapon or where someone threatens serious bodily injury.
When Does A Simply Assault Become An Aggravated Assault?
A simple assault escalates to aggravated assault where the victim is a police officer or public official. When this occurs, the assault is enhanced from a disorderly persons offense to an indictable crime.
What Are The Penalties For Simple Assault in NJ?
When someone is convicted on a simple assault charge, they face not only a record but other substantial ramifications. The penalties include a fine of up to $1,000, mandatory assessments of approximately $200, and court costs of $33. An individual may be placed on probation or sentenced to a county jail term of six (6) months.
Bloomfield NJ Simple Assault Lawyer
Our firm includes defense attorneys who have been defending simple assault charges since the early 1980’s. Whether it was an agree fight, alleged scuffle with your boyfriend/girlfriend, a disagreement that turned physical, the lawyers at the firm know you to get results. If you are facing a charge of simple assault in any of these towns in Essex County, you should know that historically we have been able to avoid a conviction in this type of case in an extremely high percentage of cases. There is no reason to believe that we cannot escape a criminal conviction and record for you as well. An attorney from our defense firm is available 24/7 to assist you. Give us a call.