Simple assault NJ – Simple Assault NJ Penalties – Simple Assault NJ Punishments – NJ Simple assault charges 2C:12-1

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Videos on How to Beat Assault Charges Are Listed Below

Simple assault

In New Jersey, simple assault is considered a violent crime. These cases need to be handled carefully in order to secure the best possible outcome.

Simple assault typically refers to a fight or an attack in which one party sustains mild injuries and charges are pressed against the alleged attacker. While it’s on the lower end of violent crimes, if you are charged with simple assault, it can result in a punishment of six (6) months in jail, in addition to other penalties outlined below.

That said, hiring an attorney to handle simple assault charges can drastically reduce the penalties against you, as well as potentially leading to a dismissal of the charges instead of a permanent criminal record.

The Tormey Law Firm is a team of aggressive criminal defense attorneys, including former NJ prosecutors, and we are dedicated to providing the best possible defense against your charge. We’ve got extensive experience handling assault charges, including simple assault, aggravated assault, and domestic violence.

Additionally, we have a series of advanced defense strategies that we use, some of which can be seen in our video series on “How to Beat Assault Charges.”

Feel free to call us for a free consultation, and continue reading this page to learn more about simple assault charges in New Jersey.

NJSA 2C:12-1(a) – Simple Assault Charges in New Jersey

N.J.S.A. 2C:12-1(a) – Simple Assault Statute

A person is guilty of simple assault if he or she:

(1) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or

(2) Negligently causes bodily injury to another with a deadly weapon; or

(3) Attempts by physical menace to put another in fear of imminent serious bodily injury.

Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.

Simple assault is a disorderly persons criminal offense in New Jersey and is governed by N.J.S.A. 2C:12-1(a). A person can be guilty of simple assault if he or she causes bodily injury to another person or if he or she merely threatens to cause bodily injury to another person.

Classified as a disorderly persons offense, simple assault carries with it penalties of up to six (6) months in the county jail and a fine of up to $1,000.00. If the charge is downgraded to a petty disorderly persons offense, it can still can result in stiff penalties of ninety (90) days in jail and a fine as high as $500.00. In either case, a conviction for assault can permanently tarnish your criminal record. Good luck trying to explain an assault conviction to your friends, your family, and your co-workers.

Simple Assault – Allegedly Committed as an Act of Domestic Violence

If your simple assault charge was allegedly committed as an act of domestic violence (on a spouse, significant other, domestic partner, relative, or child) then your simple assault disorderly persons charge must be processed on a warrant and you will be sent to the county jail. Your bail will then be reviewed within 24-48 hours to determine whether or not you will be released from jail or remain there while your case is proceeding through the courts. In most cases, the Judge will review your bail and release you with a court date. If you fail to appear in court, a warrant will issue for your arrest. If you have a lengthy criminal history or multiple domestic violence incidents with the alleged victim, then the State may move for detention and ask the Judge to hold you while the case is going on. In these cases, you will remain in jail after the bail review and a detention hearing will be scheduled within five (5) days.

At the detention hearing, the State will argue that you are a flight risk and a danger to the community and should remain in jail while the case is prosecuted. Your defense attorney will argue for your release. The Judge will consider your ties to the community, prior criminal history, employment, and whether or not you can be released with certain conditions which will ensure your appearance in court and that you will not commit further acts of domestic violence if you are released from jail.

Our Simple Assault Success Stories

Here are a number of cases we handled for clients facing simple assault criminal charges where we were able to get the charges dismissed or downgraded to avoid a permanent criminal charge on their record and any jail time:

• Lodi Simple Assault Charges
• Elmwood Park Simple Assault Charges
• Edgewater Simple Assault Charges
• Florham Park Simple Assault Charges
• Teaneck Simple Assault Charges
• Garfield Simple Assault Charges

Frequently Asked Questions (FAQ) regarding Simple Assault Charges in NJ

FAQ: Is self defense a possible defense to simple assault charges in NJ? Yes. If you were acting in self-defense, this is a potential defense to your simple assault charges in New Jersey which can result in a dismissal of the charges against you. However, you can only use a reasonable amount of force that is equal to the force that is being used or threatened against you. In addition, if this was a mutual fighting situation, that is not self defense. However, mutual fighting is a lower charge (a petty disorderly persons offense).

FAQ: Am I going to jail if convicted for simple assault? You are facing up to six (6) months in the county jail but there is a presumption of no jail time for first time offenders. This means that, if you have no prior criminal history and you are convicted of simple assault, it is presumed that the Judge will sentence you to probation and not jail. However, if you have a criminal record and are convicted of simple assault, you could be looking at jail time.

FAQ: Is my restraining order case different from simple assault? Yes, your restraining order matter is completely separate and apart from your simple assault criminal charge. They have different standards of proof and will be handled in different courts by different Judges. You could lose one case and win the other, or lose both, or win both.

“Call the New Jersey criminal defense attorneys at the Tormey Law Firm for a free consultation about your simple assault charge.”

We know how to fight your charge, and we can help you to avoid simple assault penalties. With experienced criminal defense attorneys and a former NJ prosecutors on staff, we have the strategies that can lead to a win in the courtroom.

Give us a call and we will immediately begin to look through the specific details of your file and formulate a winning strategy that will work for you.

(201) 556-1571

Assault Defense Strategies:

How To Beat Assault Charges #1.
How To Beat Assault Charges #2.
How To Beat Assault Charges #3.

Other Assault Information

Aggravated Assault Charges NJ
Simple Assault Vs Aggravated Assault