Plainfield NJ Simple Assault Attorney
Charged With Simple Assault in the City of Plainfield
It might start out as a heated verbal exchange over a parking space at the mall, but a push or a shove can lead to a call to the Plainfield NJ police and a simple assault charge. You probably believed, as do most people, that explaining what happened and telling them your side of the story would cause the police to leave, but instead, you are in handcuffs being charged with simple assault and facing the possibility of a permanent criminal record.
The best thing you could do before making any statements to the police is to speak to a Plainfield NJ simple assault attorney from the Law Offices of Jonathan F. Marshall. Statements you make to the police usually wind up becoming part of the evidence prosecutors try to use against you at trial. Our criminal defense team is made up of seasoned attorneys, including former prosecutors, whose practices are devoted to defending people accused of violating New Jersey criminal laws. If you are charged with simple assault, contact us at (908) 272-1700 today for a free consultation from an attorney who is on your side and ready to fight in your behalf. Lawyers are available 24/7 to assist you so do not hesitate to reach out anytime.
Plainfield Simple Assault Offense
Simple assault is classified as disorderly persons offense because New Jersey does not refer to criminal offenses as misdemeanors and felonies as is done in other states. Disorderly persons offenses are the equivalent of a misdemeanor, which means it is a crime and a conviction leaves you with a permanent criminal record.
N.J.S.A. 2C:12-1(a) defines simple assault by describing three types of conduct for which a person could be charged. A conviction requires evidence proving you did one of the following things:
- Purposely, knowingly or recklessly caused bodily injury to another person or attempted to cause such bodily injury.
- Negligently caused bodily injury to another person with a deadly weapon.
- Used physical menace to attempt to put someone in fear of imminent serious bodily injury.
A deadly weapon is defined in N.J.S.A. 2C:11-1(c) as any device, instrument or substance capable of causing death or serious bodily injury in the manner in which it is used. The problem this definition poses is that ordinary objects such as a hammer, screwdriver or baseball bat could be deadly weapons.
Simple assault charges may arise in situations in which you might be defending yourself against an attack by another person. Our criminal defense attorneys painstakingly review the facts of your case to determine if the evidence supports a claim of self-defense.
Penalties for a Plainfield Simple Assault Charge
Even in cases where the evidence proves you committed a simple assault, we commit ourselves to trying to persuade the sentencing judge to consider alternatives in lieu of jail and fines. The law allows for confinement to jail for up to six months and up to $1,000 in fines, but it also permits the following sentences:
- Community service
- Probation supervision
If the simple assault charge arises from a fight between two individuals who participated of their own free will, the law reduces the charge from a disorderly persons offense to a petty disorderly persons offense punishable by a maximum jail sentence of 30 days and a fine up to $500.
Plainfield NJ Simple Assault Defense Lawyer
The Plainfield NJ simple assault defense lawyer at the Marshall Criminal Firm is committed to winning your case and avoiding the penalties and criminal record of a conviction. Our attorneys have over a century of combined experience, including years serving as prosecutors, to put into action so that you achieve the best result in your case. Contact our firm to learn more about how one of our trusted and resourceful criminal lawyers can help you with your simple assault case. Call us today at (908) 272-1700 for a free consultation with an attorney now.
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