Assault Lawyer NJ – Assault Charges NJ – “Assault charges in New Jersey are considered violent crimes.  These offenses are clearly very serious and should be handled accordingly.”

Assault Charges in NJ

If you’ve been arrested for assault charges in New Jersey, you could be facing some very serious consequences which vary depending on the grading of the crime.  The charge will be graded as a disorderly persons offense (misdemeanor) or as an indictable charge (felony) depending on the facts and circumstances of the incident including the nature and extent of the force used, the nature and extent of the injuries to the alleged victim, and whether or not a weapon was involved in the assault. A lengthy prison sentence and a violent crime on your criminal record should be avoided in any case.

The criminal defense lawyers at The Tormey Law Firm handle aggravated assault charges and simple assault charges on a regular basis.  We have former New Jersey prosecutors on our staff helping us to assess cases from both sides of the court-room, in addition to advanced defense strategies that will apply to your case. For more information and to learn one of the ways we get assault charges dismissed, view this page on how to beat assault charges. Contact us 24/7 at (201)-556-1570 for a free consultation.

Fights happen, it’s unfortunately a part of life.  In our country’s recent past, fights and physical injury have become a really big deal.  It’s not the wild west anymore; not only will you get thrown in jail, you can end up losing the shirt off of your back in civil suits. Everyone loses their head over life’s daily frictions and aggravations at some point in time. For example, you end a terrible day at work to drive home in traffic and find your neighbor blocked your driveway again with his trailer. With your adrenaline already pumped up from the day’s events, you confront your neighbor, and before you know it, the neighborhood hears the shouting, and fists are flying. When the police come, witnesses claim you started the trouble, and your neighbor presses legal charges for his injuries. Now, you need help to get you out of trouble.

First, we need to figure out what type of assault charge you really face.

Aggravated assault can be a bar fight, domestic violence incident, or vehicular assault. To assess how serious your aggravated assault charge might be, we need to determine the degree of the injuries that the other person sustained and whether or not a weapon was involved. This can escalate your charge from a simple assault to a second degree aggravated assault. Aggravated assault results in more serious physical damage or fear for a person’s life when an accused uses a weapon or commits violence against a police officer. Depending on the circumstances, the state can charge aggravated assault as one of several degrees, including a second degree, third degree, or fourth degree crime. Punishment ranges from 18 months to 10 years in prison with up to $150,000.00 in fines. If we can prove that your case wasn’t aggravated assault at all, we’re on the right path to getting you out of trouble.

A simple assault charge is clearly preferred to other more serious charges.  It is treated as a misdemeanor disorderly persons offense, so while you will end up with a criminal record, you won’t spend years in jail. Simple assault is a disorderly persons offense punishable by a maximum 6-month jail sentence and a $1,000.00 fine. To convict someone of simple assault, a prosecutor must prove the accused, through intentional or reckless behavior, caused or attempted to cause bodily injury or threaten to cause bodily harm to another.  The next question you might have is:

Facing an Assault Charge in NJ, How Much Trouble am I in?

Aggravated assault is measured in degrees, as you move up in degrees, you move up in penalties, jail-time, etc. The degree is determined by factors including the nature of the force used, the nature of the injuries to the victim, whether or not a weapon was involved, and even who the person was (for example, a law enforcement officer, a nurse, a fireman, etc.).

Regardless of the degree of the aggravated assault offense, you will be exposed to the following potential penalties:

• Fines
• Jail Time (State Prison or County Jail)
• Probation
• A Permanent Indictable (Felony) Charge on Your Record

NOTE: An experienced criminal defense attorney can combat the State’s charges with any of the following potential defenses:

• Self-defense
• Defense of others
• Mutual fighting
• The injuries to the alleged victim are not severe
• There was not a weapon involved
• The alleged victim does not want to press charges

Assault cases frequently depend on the circumstances surrounding the event. Frequently, it’s up to as criminal defense attorneys to recreate that event in the court room. The way that we paint that picture vs. the way the prosecution is attempting to do so will play a large part in the outcome. For example, if you acted in self-defense, fearing that your life was in danger, you might have a possible defense or, at minimum, a reason for the prosecutor to reduce the charges to a lower grade crime. Lowering a second degree charge to a third degree charge is significant. There is no presumption of incarceration for third degree crimes, and NERA may not apply. You might also have a better chance to further negotiate probation rather than incarceration, especially if it is your first offense. Other avenues of defense include excluding evidence obtained illegally by law enforcement and discrediting witnesses to the event that initiated the arrest.

You have options when you have solid legal representation from our renowned criminal defense firm. For this reason, it’s incredibly important to contact a lawyer who is well versed in trial law at The Tormey Law Firm and understands what needs to be done to win these cases.  Please contact our office any time for more information.

Call The Tormey Law Firm for a free consultation with experienced criminal defense attorneys

Causing another harm or fear of harm to any degree has consequences that can haunt you for years to a lifetime. Our firm is absolutely dedicated to providing the best criminal defense for your legal issues, and we are available for free consultations regarding your criminal matter. Our attorneys are happy to tell you the exact strategies that we will use to fight your case after reviewing all circumstances and evidence to find viable defense strategies. We approach every single criminal case with our intention being to win, and to have your charges dismissed entirely. If we cannot obtain an outright dismissal, we will pursue alternative options to lessen the penalties you are facing and help you stay out of prison and avoid a criminal record.

Please call our office any time and we’re happy to talk to you about your case, and exactly what we can do to help. Free consultations are available any time at (201) 556-1570.