Serving the Elizabeth NJ Superior Court & All Municipal Courts in Union County

Union County NJ Criminal Defense Lawyers

Over 200 Years Combined Experience

Former County & Municipal Prosecutors

Simple Assault

Union NJ Simple Assault Attorney

One of the more common criminal offenses encountered in Union County Municipal Courts is simple assault.  This charge is a fixture on the court calendars of local jurisdictions almost every session. If you were charged with simple assault in Cranford, Union, Linden, Rahway, Springfield or another town, this is not a unique occurrence although a serious matter. An unfavorable outcome of your simple assault offense will turn an arrest into a permanent criminal record and expose you to a jail sentence. Retaining an attorney like those at The Law Offices of Jonathan F. Marshall can make all the difference in avert such a result. The lawyers at our Union Township office include several former prosecutors that comprise a defense team with over a century of experience handling simple assault cases. A lawyer is available around the clock for free consultations at 908-272-1700. Call us now to speak to lawyers who are ready help you.

Disorderly Persons Offense for Simple Assault

The New Jersey Simple Assault Law is set forth at N.J.S.A. 2C:12-1(a) and outlines those circumstances when an individual may be convicted of this offense. In this regard, the law generally sets forth three (3) situations where a simple assault has occurred: (1) where someone suffers bodily injury as a result of an intentional or reckless act; (2) where bodily injury is negligently caused as a result of a deadly weapon; and (3) where someone physically menaces someone such that they are in fear of serious bodily injury. Simple assault is graded as a disorderly persons offense except where it is the result of a consensual fight, in which case it is a petty disorderly persons offense. You should also know that this violation is considered a form of domestic violence when it arises out of domestic relationship.

Penalties for Simple Assault in Union County

Simple Assault charges carry the same potential penalties as many other disorderly persons offenses. If you are convicted of committing a simple assault, you could be ordered to serve up to a maximum of six (6) months in jail, as well as be required to pay a fine (up to $1000) and/or perform community service. Additionally, you may be required to attend anger management classes, or lose the right to own, carry, or possess a firearm. All of this is of course in addition to the fact that persons convicted of simple assault will have a violent crime on their criminal record, which may not be expunged for at least five years. Needless to say, the penalties for simple assault could impact a person’s life significantly if convicted of such an offense.

Enhanced Charges for Simple Assault on a Police Officer

Simple Assault Police Officer Exception: where a simple assault is committed upon a police officer, it is rendered an indictable felony offense referred to as Aggravated Assault. A simple assault resulting in bodily injury to a police officer is enhanced to a third degree crime which is considered a felony.  Simple assault on a police officer that does not result in injury is a fourth  degree indictable crime which is also heard at the Superior Court.

Police officers aren’t the only exception.  Assault of a security guard, fire fighters, teachers, judges, and any kind of public official could also elevate a simple assault charge from a disorderly persons offense to an indictable aggravated assault charge.

Additional consequences for domestic assaults. Although a simple assault is not enhanced to aggravated assault when it arises out of a a marriage, boyfriend-girlfriend or similar relationship, there are additional ramifications that arise in this setting. A domestic assault can often lead to a restraining order or a no-contact order, both of which prevent the accused from having any contact with the alleged victim without risking further criminal charges.

Springfield NJ Simple Assault Lawyers

It is abundantly important for anyone charged with a simple assault offense to retain an attorney as early as possible after being arrested. The reason for swift action lies in the fact that our lawyers can often temper a situation before it escalates, including convincing police and/or prosecutors to downgrade a charge. If you would like to speak to a lawyer at The Law Offices of Jonathan F. Marshall about your simple assault in Roselle, Roselle Park, Westfield, Elizabeth or Plainfield, call 908-772-1700. Attorneys on our staff are happy to provide the benefit of their time without obligation.