Simple Assault Offense in the Borough of Mountainside
Were you involved in a scuffle with another person following a verbal altercation? Did you get into it at a bar after drinking too much, and before you knew it fists began to fly? Did you approach someone who later claimed that you put them in fear of being hurt? All of those circumstances typically can be charged as Simple Assaults. If you are facing a simple assault charge, the possible penalties include jail time and a stiff monetary fine. Accordingly, you would be well served by obtaining the help of a seasoned simple assault attorney. A lawyer at the Law Offices of Jonathan F. Marshall has handled countless simple assault cases in Union County, including in Mountainside Municipal Court. Our lawyers understand the “ins and outs” of assault cases and how prosecutors approach them, particularly because we have many former prosecutors on staff. Call 908-272-1700 to learn more about our firm and the legal options from an attorney on our staff. The initial consultation with the attorneys on our team is free.
Mountainside Simple Assault Charge
N.J.S.A. 2C:12-1a is the provision of New Jersey Law that sets forth the charge of simple assault. A person commits simple assault in violation of this statute if he/she:
- Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
- Negligently causes bodily injury to another with a deadly weapon; or
- Attempts by physical menace to put another in fear of imminent serious bodily injury.
Important Definitions under this Law. To better understand the statutory language above, let us define some important terms. “Purposely” in this context means that the defendant’s conscious object is to cause bodily injury to another. “Knowingly” means that the defendant knows that it is practically certain that his or her actions will cause bodily injury. “Recklessly” means that the defendant consciously disregarded a substantial and justifiable risk that his actions would cause bodily injury. Finally, “negligently” in this context means that the defendant should have been aware of a substantial and unjustifiable risk that bodily injury would result from her conduct.
Elements of Offense. As the statute above indicates, there are three circumstances that constitute simple assault. Taking the first circumstance (subsection 1) as an example, the elements that the prosecution must prove to convict someone of simple assault under subsection (1) are:
- The defendant caused bodily injury to the victim, and
- The defendant acted purposely or knowingly or recklessly in causing bodily injury to the victim.
Disorderly Persons and Petty Disorderly Persons Simple Assault. Typically, simple assault is a disorderly persons offense, which carries a penalty of up to 6 months in jail and up to a $1,000 fine. Yet, as the statute states, if the charge resulted from a consensual fight, then the simple assault is a petty disorderly persons offense, which carries a penalty of up to 30 days in jail, and up to a $500 fine.
Mountainside Simple Assault Defense Attorney
Simple assault may seem like a somewhat minor offense and this may tempt you to represent yourself. Given that a simple assault conviction can result in a possible 6 months in jail, $1,000 fine, and a criminal record, you should get a lawyer to help you. The attorneys on the defense team of the Law Offices of Jonathan F. Marshall have handled many disorderly persons offenses like simple assault in Mountainside Municipal Court over the last several decades. We can help you mount an effective defense and even get your charges dismissed. Know all the legal options available to you by contacting a defense attorney at our firm. Call 908-272-1700 for a free consultation. Lawyers are available to speak with you 24/7.
