If you injured someone during an argument or an altercation in Roselle Park and are reviewing this article, it appears safe to assume you have been charged with simple assault. Most individuals faced with an offense of this nature have some anxiety and this is legitimate given that a conviction for simple assault in Roselle Municipal Court will result in a criminal record and other potentially serious consequences. For example, you can be sent to jail or the incident could be deemed an act of domestic violence for purposes of entry of a restraining order. The point is that there are many reasons for you to take the time to consultation with an attorney who is experienced in defending a Roselle Park simple assault charge. Our attorneys possess the acumen you need with multiple former prosecutors and skilled advocates who have been representing clients in Roselle Park for over a century combined. are available to speak to you about your case, review the facts and determine if self-defense or other defenses might be available to defeat the charges. Contact our Union Law Office at (908) 272-1700 for a free initial consultation with one of our lawyers.
Simple Assault Offense in Roselle Park New Jersey
Simple assault is a disorderly persons offense that arises under N.J.S.A. 2C:12-1a in Roselle Park. An individual can be found guilty for this charge it they:
- Attempt to cause or purposely, knowingly or recklessly cause bodily injury to another person
- Negligently cause bodily injury to another person with a deadly weapon
- Attempt to put someone in fear of imminent serious bodily injury by physical menace
Charges of simple assault become an indictable crime of aggravated assault, the equivalent of a felony in other states, when the victim is a police officer, firefighter, teacher, EMT or other public official as listed in N.J.S.A. 2C:12-1b(5). For more information on a charge of this nature, you may read aggravated assault in Roselle Park.
Self-defense and Simple Assault Accusations. You have the right under N.J.S.A. 2C:3-4 to use force to defend yourself when you believe it to be immediately necessary to protect against the unlawful use of force against you. You do not have the right to use force in some situations, including:
- To resist an arrest by a peace officer even if the arrest was unlawful
- When you provoked the use of force against you
- When you can avoid using force by retreating
Our simple assault attorneys carefully investigate the facts and circumstances leading up to the incident upon which the charges are based to identify the possibility of asserting self-defense as justification for what occurred.
Roselle Park Simple Assault Penalties
If you are convicted of a Roselle Park simple assault charge, you could be sentenced to serve time in county jail for up to six months and pay up to $1,000 in fines. Cases in which the parties participate a fight by mutual consent lead to a petty disorderly persons offense and the maximum jail sentence would be no more than 30 days and a maximum fine of $500.
When the victim of a simple assault is public official, N.J.S.A. 2C:12-1(b) increases the charge to aggravated assault. Depending upon the victim, the charge can mushroom to a second degree crime. For more information on this subject, refer to Aggravated Assault on a Police Officer.
Roselle Park Simple Assault Defense Lawyer
Do not assume that you can talk your way out of simple assault charges. They are serious violations of the criminal laws that can result in a permanent criminal record if you are convicted. Protect your rights by talking to a Roselle Parke simple assault defense lawyer. The team at the Law Offices of Jonathan F. Marshall includes attorneys that have decades of experience and know how to identify facts to support self-defense and other effective strategies for securing a dismissal or downgrade against accusations of criminal wrongdoing. Call us today at (908) 272-1700 to schedule a free initial consultation with an attorney at the firm.
