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Milltown NJ Simple Assault Attorney
Former Middlesex County Prosecutors At Our Firm Are Ready To Defend Your Simple Assault Offense in Milltown New Jersey
Although the offense of simple assault is a disorderly persons offense, a conviction in Milltown Municipal Court can land you in jail. It will also leave you with a criminal record and will be revealed when someone conducts a background check or when you fill out an employment application and get to the question asking you to disclose whether you have record. Presentation of a thorough defense by an accomplished attorney is your best weapon in counteract the risks associated with a Milltown simple assault charge.
The attorneys at the Law Offices of Jonathan F. Marshall devote their practices exclusively to criminal defense and have more than a century of experience representing clients in Milltown New Jersey and other municipalities in Middlesex County. We have the experience, knowledge and skills to devise an effective strategy for identifying the weaknesses in the evidence against you. Many of our lawyers are former prosecutors that understand how to effectively the state’s case. A lawyer is available to speak with you 24 hours a day, seven days a week in a free consultation by calling us at 732-246-7126.
Simple Assault Offense in Milltown NJ
Bar fights, angry confrontations on the street, disputes with co-workers or an argument with a family member can become the basis for a simple assault charge. N.J.S.A. 2C:12-1(a) defines simple assault as arising under any of the following situations:
1. Purposely, knowingly or recklessly causing bodily injury to another person or attempting to cause such bodily injury.
2. Negligently causing bodily injury to another person by using a deadly weapon.
3. Attempting to put someone in fear of imminent serious bodily injury by physical menace.
The definition of a deadly weapon is a broad one, so there are many common items that could be classified as deadly weapon, including a baseball bat, a hammer or a screwdriver. This is because N.J.S.A. 2C:11-1(c) defines a deadly weapon as any device, instrument or substance capable of causing death or serious bodily injury to another person.
A simple assault can be the underlying offense leading to a domestic violence charge if the victim is someone included in N.J.S.A. 2C:25-19 as a member of a protected class of individuals, including the following:
- Spouses and former spouses
- Domestic partners
- Individuals in a dating relationship
- Couples who have had a child together
When the victim of a simple assault is a member of one of these classes, a superior court judge has the authority to issue a temporary restraining order against you. Restraining orders are intended to protect the victim from further harm, but they can include restrictions on where you live and even cause you to lose custody rights to your children. An individual faces proceedings in two separate courts when this occurs – a simple assault charge in Milltown Municipal Court and a restraining order hearing in the Family Court of the Middlesex County Superior Court.
Milltown NJ Simple Assault Penalties
Milltown simple assault charges are classified as a disorderly persons offense. Disorderly persons offenses in New Jersey are actually the equivalent of misdemeanors in most other states, so you are left with a permanent criminal record in addition to the other penalties a judge may impose if you are convicted of a simple assault
Penalties for a simple assault include a $1,000 fine and confinement in the Middlesex County Adult Correction Center for up to six months. Other penalties in addition to the fine and jail sentence can include:
Counseling and anger management
There are legal defenses a Milltown criminal attorney can use on your behalf. Many simple assault charges arise under circumstances in which the person charged was not the aggressor but was merely defending against an attack. Another possible defense is in situations in which both the person charged and victim willingly participated. It is still a crime, but the seriousness of the offense drops from a disorderly persons offense to a petty disorderly persons offense punishable by a maximum jail sentence of 30 days and a fine maximum fine of $500.
You should also know that the penalties for simple assault escalate when the victim is a police officer, teacher, fireman or other individual set forth in N.J.S.A. 2c:12-1b(5). The assault is enhanced to aggravated assault when this occurs.
Another way to avoid the penalties for a Milltown simple assault is to obtain a conditional dismissal. This program has restrictions and requires that a defendant submit to a period of probation. The lawyers at our firm are adept in helping individuals secure admission into this diversionary program.
Milltown NJ Simple Assault Defense Attorney
When you are represented by a Milltown simple assault defense attorney from the Law Offices of Jonathan F. Marshall, you get an aggressive and innovative approach to help you avoid a conviction. To speak to a lawyer about your options, contact our office anytime of day or not for immediate assistance. Attorneys can be reached at 732-246-7126 now.
Related Milltown New Jersey Pages & Posts
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