Charge With Simple Assault in Berkeley Heights New Jersey
A category of criminal offense that is common in Berkeley Heights New Jersey is assault. The Berkeley Heights Municipal Court presides over many simple assault charges annually and there are also numerous cases filed in this Union County municipality for aggravated assault. For those charged with eight assault offense in Berkeley Heights, selecting a skilled attorney is a must. It you fail to avoid a plea or finding of guilt for simple assault or aggravated assault, you will have a criminal record and face potentially serious penalties. This is why it is so imperative that you retain a knowledgeable defense lawyer to defend your Berkeley Heights criminal charge. Here at the Law Offices of Jonathan F. Marshall, our attorneys are savvy former prosecutors with over 100 years of combined experience defending assault cases at the Union County Courthouse in Elizabeth, as well as the Municipal Court of Berkeley Heights. For an immediate free consultation with the lawyers at the firm, call 908-272-1700.
Simple Assault Offense in Berkeley Heights
The offense of simple assault is contained at N.J.S.A. 2C:12-1a. The municipal prosecutor in Berkeley Heights will have to prove that you did one of the following to convict you of simple assault:
- Attempted to cause or purposely, knowingly or recklessly caused bodily injury to another; or
- Negligently caused bodily injury to another with a deadly weapon; or
- Attempted by physical menace to put another in fear of imminent serious bodily injury.
It is a disorderly persons offense to commit simple assault under any of the aforesaid circumstances. The penalties that apply for this offense include a fine of up to $1,000 and up to 6 months in prison. If the physical encounter was the result of a fight by mutual consent, a violation of 2C:12-1a is a petty disorderly persons offense that triggers up to 30 days in jail and a $500 fine.
Berkeley Heights Aggravated Assault Charge
The scenarios under which you may be charged and convicted of aggravated assault in Berkeley Heights are contained under 2C:12-1b. The most frequently arising situation is assault on a police officer, teacher, EMT or other public employee afforded protections under 2C:12-1b(5). Other common situations of aggravated assault include physical altercations, including domestic violence, where someone sustains serious bodily injury or significant bodily injury. Depending on which of the twelve categories of aggravated assault resulted in your Berkeley Heights charge, you can face a crime of the second degree, third degree or fourth degree. All of these grades carry the potential for a state prison term and thousands of dollars in fines.
Restraining Order Issued in Berkeley Heights As The Result Of Assault
When there are allegations of assault, either simple or aggravated, involving spouses, individuals in a dating relationship or someone otherwise involved in a domestic relationship, the victim is typically given the option of applying for a restraining order. This relief is granted to a victim of domestic violence and prevents the aggressor from having any further contact with the accuser until a final restraining order is completed at the Family Division of the Union County Superior Court. You are highly advised to consult an accomplished defense lawyer if you have been accused of domestic violence in Berkeley Heights New Jersey.
Berkeley Heights NJ Simple Assault Lawyer
Simple assault is a charge that can mushroom into many issues and consequences if you are convicted in Berkeley Heights Municipal Court. You will have a record of assault, be fined and can even be sent to the Union County Jail for as much as 6 months. Ramifications like these dictate that you enlist a skilled lawyer to defend you if you have been charged with simple assault in Berkeley Heights or, worse yet, aggravated assault in this township. The criminal attorneys that make up our staff have decades of experience practicing in Union County and this has included defending countless simple assault or aggravated assault charges. Contact our Union NJ Office to speak to an attorney on our team about the allegations of assault filed against you. Lawyers are available immediately to assist you at 908-272-1700.
