Assault
J Moore Law LLC: New Jersey Assault Lawyer
Assault is one of the most common criminal charges in New Jersey. Unfortunately, having such a charge on your record can drastically affect your life. J Moore Law LLC is a New Jersey Assault Lawyer ready to help fight those charges. If you are facing assault charges in Camden, Gloucester, Burlington, Salem, Atlantic or other South Jersey Counties please continue reading and speak with us to learn more about your charges and how we can assist you in combatting them. Here are some of the questions you may have regarding the legal process ahead:
What are the potential penalties for an assault charge in New Jersey?
In the state of New Jersey, those convicted of assault face potential punishments that range from a fine of $1,000 and a sentence of six months in jail to a fine of $150,000 and a term of ten years in prison. The potential punishments that could be handed down are heavily reliant on the allegations that have been made, and the law in the state of New Jersey provides prosecutors with a variety of avenues to follow when investigating complaints of assault. Depending of the specifics of your case, you will be required to do every effort possible to defend yourself, and you will also require the assistance of a New Jersey Assault Attorney who has significant relevant experience.
New Jersey has two classifications of assault: simple assault and aggravated assault. Factors influencing the specific type of assault include the seriousness of the injury, whether or not weapons were involved, whether the act was committed intentionally, and more.
New Jersey Simple Assault Charge
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.
An offense of Simple Assault can be found by conduct in one of the following three ways:
(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.
A simple assault can also be elevated to aggravated assault if the victim is one of the following:
- Law enforcement officer, police, sheriff, undersheriff, or sheriff’s officer
- Paid or volunteer firefighter
- Emergency responder engaged in emergency first-aid or medical services
- School board member, school administrator, teacher, school bus driver or other employee of a public or nonpublic school or school board
- Employee of the Division of Child Protection and Permanency
- Justice of the Supreme Court, judge of the Superior Court, judge of the Tax Court or municipal judge
- Operator of a motorbus or the operator’s supervisor
- Employee of a rail passenger service (train, subway, light rail, etc.)
- Employee of the Department of Corrections, county corrections officer, probation officer, juvenile corrections officer, state juvenile facility employee, juvenile detention staff member, juvenile detention officer
- Employee of a utility company or a cablevision company
- Health care worker employed by a licensed health care facility to provide direct patient care (except a direct care worker at a state or county psychiatric hospital, state developmental center, or veterans’ home — unless the alleged attacker is not a patient or resident of the facility)
So if a hard push or shove, which is normally a simple assault, was instead inflicted upon a nurse or any one of these numerous elevated status individuals you could be facing punishment in the third degree range, which means three to five years in State Prison. Normally, the punishment for a simple assault has a maximum of six months in county jail.
Aggravated Assault Charge
Aggravated Assault charges can range from a fourth degree offense, punishable by fines and up to eighteen months in prison, all the way to a second degree offense, punishable by fines and up to ten years in New Jersey State Prison.
A charge of Aggravated Assault can be sustained by one of the following four ways plus the elevated simple assault listed above:
1) Attempts to cause serious bodily injury to another, or causes injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury; or
(2) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or
(3) Recklessly causes bodily injury to another with a deadly weapon; or
(4) Knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm, at or in the direction of another, whether or not the actor believes it to be loaded.
Definitions of common assault terms
- “Bodily injury” means physical pain, illness or any impairment of physical condition;
- “Serious bodily injury” means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ;
- “Deadly weapon” means any firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury or which in the manner it is fashioned would lead the victim reasonably to believe it to be capable of producing death or serious bodily injury;
- “Significant bodily injury” means bodily injury which creates a temporary loss of the function of any bodily member or organ or temporary loss of any one of the five senses.
Can a New Jersey Defense Attorney help me fight an assault charge?
Fortunately, with the right New Jersey Assault Lawyer at your side, there are a variety of avenues an individual can take when it comes to fighting assault charges. Though the route we take will depend on the circumstances of your individual case, one of the most common defenses against assault charges is stating self-defense. If we can prove that you were simply defending yourself against an individual who was assaulting you or your property, or that you were trying to help another person who was the victim of an assault, then you will likely come away with little to no punishment at all. If you have any further questions or you are currently facing any other pressing legal issues, you must speak with a seasoned New Jersey Assault Attorney today. J Moore Law LLC is ready to assist you. We represent clients in all types of assault or assault like cases including:
- Simple assault
- Aggravated assault
- Assault with a deadly weapon
- Assault by auto
- Assault of a police officer
- Terroristic threats
- Domestic assault
What could happen if I am found guilty of assault in New Jersey?
Individuals who are found guilty of assault in the state of New Jersey face incarceration as well as other penalties such as fines. Those penalties can include:
- Prison time from 18 months to 10 years (depending on the degree, like pointing a gun at someone).
- Probation, community service and job training.
- Fines and penalties up to $150,000.
- Financial compensation for the victim.
- Mandatory counselling for anger management or alcohol/drug abuse.
- Prohibition of possessing a firearm.
- Permanent record in your criminal record.
Convictions for crimes can severely limit one’s chances in the areas of education, work, and housing. The charge of assault is not an exception in any way.
Strangulation Can be Second-degree Aggravated Assault
New Jersery Governor Phil Murphy signed legislation which elevated strangulation assault to a crime of the second degree. Now a person can be charged with second-degree aggravated assault when he/she intentionally strangles/chokes a domestic partner or other family member. In order to be convicted, the prosecution must prove that either knew or showed little concern for how the action harmed the victim.
Aggravated assault is a second-degree crime if it causes serious bodily harm or occurs while the perpetrator is fleeing from a police officer. Second-degree aggravated assault carries a prison sentence of 5 to 10 years and a fine of up to $150,000. Before being considered for parole, a person who has been found guilty of aggravated assault in the second degree must first complete at least 85 percent of their sentence.
A third-degree crime is pointing a gun at a law enforcement officer without causing further harm. There are numerous other scenarios in which someone could be charged with third-degree aggravated assault in New Jersey. This level of aggravated assault carries a prison sentence of 3 to 5 years and a fine of up to $15,000.
Pointing a gun at someone other than a police officer is a fourth-degree crime punishable by up to 18 months in prison and a $10,000 fine.
The allegation of aggravated assault in the second degree is a serious crime, and if convicted, the defendant faces a possible jail sentence of up to ten years. Before being considered for parole, a person who has been found guilty of aggravated assault in the second degree must first complete at least 85 percent of their sentence. If you have been accused of assault, you could potentially be sentenced to prison, time in jail, or probation. This is the bottom line. You are required to respond to these accusations in order to safeguard your legal rights. Find a New Jersey Assault Attorney that has vast expertise representing clients in these situations. This will be your best line of defense.
Defenses to Assault charges in New Jersey
Charges of assault are quite serious and call for a strong defense strategy in court. An experienced New Jersey Assault Lawyer is your best bet to guide you through this process. At J Moore Law LLC we have worked on a number of instances involving assault in New Jersey during the course of our years in practice. We are aware that there are a variety of defenses available to counter an assault charge. For instance, we may be able to prove that both parties decided to fight or that the assault was an act of self-defense. We can also investigate the facts of your arrest and find support for a defense based upon mistaken identity, false or unreliable witness testimony, faulty or fabricated evidence, racial, ethnic, socio-economic or other bias, police and/or prosecutorial misconduct, such as illegal arrest and/or search and seizure. Whether you are the victim of a false accusation, got unintentionally caught up in a bad situation, or maybe just made a mistake we will work relentlessly to fight for you.
What Constitutes Self-Defense in an Assault Case?
Everyone is probably aware that using physical violence against another person is illegal. However, there is an important legal exception in New Jersey that allows someone charged with assault or a related violent crime to avoid conviction. A person has the legal right to defend themselves or others from a physical attack. In a criminal case, this is known as the “self-defense option.” Basically, if someone is attempting to physically harm or injure you, you have the right to use reasonable force to defend yourself. The same is true if someone is attempting to harm or injure another person, such as a friend, roommate, spouse, or other family member. You can also use self-defense to protect your property in limited circumstances.
There are a lot of different factors that go into each and every assault defense, and we need to get started as soon as possible in order to protect your rights and interests as quickly as we can. For a no-cost consultation on your legal matter, please get in touch with a New Jersey Assault Attorney at out Collingswood office, either in person or over the phone. You also have the option of using the private contact form that is provided on this page.
Frequently Asked Questions (FAQ) About Charges of Assault in New Jersey:
If I’m accused of simple assault in New Jersey, will I have to spend time in jail?
Simple assault carries a potential sentence of up to six months in jail. That only indicates that the judge might sentence someone to prison. If you have no prior criminal history, a skilled New Jersey Assault Attorney can fight for you to lessen the likelihood that you’ll receive a jail sentence. In other words, jail time is not usually the result of a simple assault conviction.
How does the prosecution determine the severity of my assault charges?
According to the degree of the injuries caused and the circumstances of the crime, the prosecution assigns a grade to assault charges. The severity of the charges increases with the severity of the harm. Similar to this, assault charges are rated worse if a weapon was used or if the prosecution also alleges additional significant crimes.
Is it possible to have assault charges reduced?
Yes. Every element of the offense must be proven by the prosecution beyond a reasonable doubt. In order to locate any evidence that can undermine the prosecution’s case, an accomplished assault defense attorney will meticulously investigate your case. The prosecution’s evidence is frequently insufficient or circumstantial. It is impossible to guarantee that your charges will be dropped, but having an accomplished criminal defense attorney on your side increases your chances of success.
How Can J Moore Law LLC Help You with your New Jersey Assault charge?
A good lawyer knows what needs to be done, how it needs to be done when it needs to be done, and what result can be obtained. It is this kind of knowledge that distinguishes a professional from a person who tries to defend himself on his own. The J Moore Law firm helps their clients to get justice whatever the case is. Call now and obtain a free consultation for the following charges
- DUI
- Domestic Violence
- Assault
- Gun Charges
- Drug Crimes
- Traffic Tickets
We practice in the following towns as well as many others
- Camden
- Collingswood
- Cherry Hill
- Gloucester Township
- Winslow
- Pennsauken
- Voorhees
- Lindenwold
- Haddon Township
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