Have You or a Loved One Been Charged With Simple Assault? A Elizabeth Simple Assault Lawyer At Our Firm Can Help!
Simple assault charges typically arise out of fights and scuffles or even incidences of domestic violence. If you were arrested or otherwise charged with simple assault in Elizabeth, the lawyers at the Law Offices of Jonathan F. Marshall have the experience and expertise to help you achieve the best outcome for your case.
Our team of defense attorneys includes former prosecutors who have decades of experience defending simple assault cases in Elizabeth. To consult with an attorney who can help you avoid a conviction, call our office at 908-227-1700.
Simple Assault Charge in Roselle Park
In New Jersey, a simple assault can be defined as an act in which a person injures or attempts to injure another without legal justification. There are three basic ways you can commit simple assault under N.J.S.A. 2C:12-1a, including:
- Knowingly, purposely, or recklessly causing bodily injury to another person;
- Negligently causing injury to another person with a deadly weapon; and
- Using physical menace to place another person in reasonable fear of bodily injury.
A simple assault is classified as a disorderly persons offense unless committed during a fight or scuffle entered into by mutual consent, in which case it is classified as a petty disorderly persons offense. These offenses equate to what are classified as misdemeanor offenses in other states.
A disorderly persons offense for simple assault will be tried before a judge of the Elizabeth Municipal Court, which is located at 208 Commerce Place, Elizabeth, New Jersey 07201. The municipal court can be reached at (908) 558-6800. If you are convicted of an Elizabeth Municipal Court simple assault offense, you will be subject to the following potential penalties:
- A fine of up to $1000;
- Up to 6 months in a county jail;
- Probation;
- Suspension of your driver’s license;
- Counseling.
You will also have a criminal record that will show up every time someone has occasion someone does a background check. This can have devastating collateral consequences in terms of obtaining employment, renewing your visa or green card, securing a professional license, etc.
A simple assault in Elizabeth also has the ability to mushroom into aggravated assault, a crime of the second degree, third degree or fourth degree, under certain circumstances. If the victim is a police officer, EMT, fireman, teacher or other government official afforded enhanced protection under 2C:12-1b(5), a simple assault escalates to aggravated assault. This is a felony offense that can only be dealt with at the Union County Superior Court.
An experienced criminal defense attorney may be able to get an aggravated assault charge downgraded to a simple assault charge. This will take you out of felony range and into a disorderly persons offense where the consequences are less severe.
Likewise, a simple assault charge can be dismissed or downgraded in a number of situations. For example, if you got into a fight with someone at a bar and were charged with assault, you may also file a simple assault charge against that person. Then you may agree to drop the charges against the other party if they agree to drop the charges against you. This could potentially result in the case being dismissed.
In another example, your attorney may be able to convince the judge that there was mutual consent between you and the other party to engage in the fight. In this case, the disorderly persons offense will be downgraded to a petty disorderly persons offense which is the lowest level criminal offense in New Jersey.
Skilled Attorneys For Simple Assault Domestic Violence Proceedings in Elizabeth
You should also know that it is common for simple assault to arise in conjunction with domestic violence complaint in Elizabeth. If you allegedly committed simple assault on a someone who shared a domestic relationship with you (e.g. married, dated, household member, or have a child with the victim), the NJ Prevention of Domestic Violence Act allows the victim to secure a restraining order for their protection. This is a civil order that becomes permanent if you are unsuccessful in defending the final restraining order hearing in Elizabeth Family Court. This separate and independent proceeding can have significant ramifications since continuation of the restraints will prevent you from residing with or have any contact with the victim permanently.
Elizabeth Simple Assault Defense Attorney
If you or a loved one has been charged with simple assault in Elizabeth NJ, contact the Law Offices of Jonathan F. Marshall to speak with a qualified defense attorney who can help you successfully defend the charge against you. Our attorneys have over 100 years of combined experience defending clients in Union County against simple assault, including in Elizabeth Municipal Court. A lawyer on our staff is ready and prepared to help you. Call us 24/7 at 908-227-1700 to speak to one of our lawyers without obligation.
