Charged With Simple Assault in Hillside NJ
If you were charged with simple assault in Hillside New Jersey, there are a few things you want to know. Although you are not facing a felony criminal offense, a conviction will leave you with a record that has the ability to effect your ability to obtain employment in the future. You will also be exposed to penalties that include the possibility of jail. These circumstances should be sufficient reason for you to hire the best attorney you can find. Here at the Law Offices of Jonathan F. Marshall, our lawyers have been appearing in Hillside Municipal Court on behalf of clients arrested for simple assault and other disorderly persons offenses for decades. In fact, the former prosecutors and knowledgeable Hillside criminal defense attorneys on our staff possess over a century of combined experience. A free consultation with a lawyer is just a telephone call away at 908-272-1700.
Simple Assault Charge in Hillside New Jersey
A simple assault charge in Hillside arises out of N.J.S.A. 2C:12-1a. This section of the New Jersey Assault Law provides that:
a. Simple assault. A person is guilty of assault if he:
(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.
Attempting to Cause Bodily Injury or Physical Menace. You can be convicted of simple assault in Hillside for “attempt” in two ways. Attempting to cause bodily injury to another person results in simple assault. The term “bodily injury” is defined as physical pain, illness, or any impairment of physical condition. An attempt also forms the basis for simple assault when it is undertaken to menace another person so that they are in fear of immediate serious bodily injury. “Serious bodily injury” means a condition that creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any body part or organ.
Purposeful Conduct To Cause Bodily Injury. When someone engages in conduct with the purpose to cause bodily injury to another person in Hillside, they commit simple assault under 2C:12-1a(1). Conduct is purposeful when it is the conscious object of the actor to cause bodily injury.
Knowingly Causing Bodily Injury. Someone knowingly causes bodily injury in violation of 2C:12-1a when he/she is practically certain or certain that their conduct will produce bodily injury to the victim.
Recklessly Committing Simple Assault. An individual recklessly commits simple assault in Hillside when they consciously disregard a substantial and unjustifiable risk that bodily injury will result from their actions.
Simple Assault Resulting From Negligence. Negligence, meaning failure to adhere to the standard of conduct of a reasonable person under like circumstance, results in simple assault when a deadly weapon causes bodily injury to another person. The term “deadly weapon” includes a 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.
Penalties for Simple Assault in Hillside. A disorderly persons offense under 2C:12-1a results in a fine of up to $1,000 and up to six months in jail. A court can also impose a period of probation, counseling and even a driver’s license suspension. The conditional discharge program provides relief from these penalties for a first time offender who complies with the strict guidelines for admission and completion of the program.
Hillside Simple Assault Defense Lawyer
Proper representation from a defense lawyer with experience defending simple assault charges in Hillside is a must if you want the best opportunity to reach a favorable outcome of your case. An attorney who is knowledgeable in effective strategies for avoiding conviction and familiarity with the Hillside Municipal Court is precisely what is required to insure you are fully protected. The lawyers at the Law Offices of Jonathan F. Marshall have over 100 years of combined experience representing clients in conjunction with Hillside simple assault. To speak to one of our attorneys about the facts surrounding your charge, call 908-272-1700.
