Charged With Simple Assault in Summit New Jersey
Simple assault is one of the more commonly charged criminal offenses in a municipal court like the one in Summit New Jersey. The offense can arise in an array of settings with physical confrontation being a highly common element. Whether you were arrested following a mutually agreed to fight outside a bar, disagreement turned bad with a neighbor or another situation, you should know that a guilty finding under the NJ Simple Assault Law carries significant ramifications. You will not only have a record but also face the possibility of incarceration so it is always advisable to have a skilled lawyer at your side when answering a charge for simple assault in the City of Summit or anywhere else in the state.
Highly Skilled Criminal Attorneys To Defend Your Summit Simple Assault Charge
The eight criminal attorneys at our firm have extensive experience defending simple assault charges. In fact, the members of our team have been collectively practicing in Summit Municipal Court and other local venues for over 100 years. It also helps that we have handled many domestic violence, harassment and similar charges as they are often intertwined in this cases. If you have been charged with simple assault in Summit, our lawyers definitely have the goods that are needed to protect you against this offense. To speak to Summit criminal attorney at our firm immediately, call 908-272-1700 for a free consultation.
Summit NJ Simple Assault Offense
Your Summit NJ simple assault offense stems from an alleged violation of N.J.S.A. 2C:12-1a. This statute makes it a disorderly persons offense to:
- Attempt to cause bodily injury;
- Purposely, knowingly or recklessly cause bodily injury;
- Negligently cause bodily injury with a deadly weapon; or
- Attempt to put someone in fear of serious injury through physical menacing.
It is important to keep in mind that the threshold of what constitutes “bodily injury” is extremely low as even momentary discomfort satisfies this definition. There clearly need not be physical signs of injury in order to this threshold to be met.
The commission of a simple assault in Summit not only results in a violation of 2C:12-1 but also constitutes an act of domestic violence under New Jersey Law. What this means is that if the victim is a spouse, ex-spouse, current or past boyfriend or girlfriend or someone you dated, they may secure a restraining order against you. This relief puts into place an order of protection which bars you from any communication or contact with the alleged victim. Failure to adhere to a temporary or final restraining order results in an additional criminal charge for criminal contempt.
Simple assault typically results in a disorderly persons offense. There are two circumstances where, however, this is not the case. If the violation was the result of a mutually agreed to fight then the charge is reduced to a petty disorderly persons offense. Conversely, the offense escalates to aggravated assault, a felony, when the victim is a police officer, teacher, EMT or other public servant.
The judge in Summit Municipal Court has discretion to impose a range of penalties if you are found guilty of simple assault. The punishment can include a fine of up to $1,000, up to 6 months in jail, probation, restitution, suspension of your driving privileges and/or community service. You should also know that a conviction results in a criminal record that cannot be expunged for at least 5 years.
Summit NJ Simple Assault Defense Attorney
As you can see, a charge of simple assault can result in serious consequences. Selecting the right defense attorney to defend you is therefore extremely important. Here at the Law Offices of Jonathan F. Marshall, our lawyers have a wealth of knowledge and experience to utilize on your behalf. In fact, the skills and efforts of our attorneys translate into an acquittal in most simple assault cases we defend. If you are facing a charge for simple assault in Summit, take the time to contact our office for a free consultation. A lawyer will happily take the time to explain the offense and what we can do to help you.
