Middlesex County Simple Assault Lawyers

Our Former Prosecutors Are Highly Skilled in the Defending Simple Assault Charges Throughout Middlesex County

One of the most common criminal charges in Middlesex County municipal courts is simple assault. You can find a long list of individuals charged with simple assault on the trial calendar in Woodbridge, Sayreville, East Brunswick, East Brunswick, Piscataway, New Brunswick or just about any other town in Middlesex County. Make no mistake about it, however, this offense will result in a record and the potential for up to 6 months in jail if you are convicted. You can also face a restraining order if the charge arises out of domestic violence. The stakes for anyone arrested for simple assault certainly warrant hiring a defense lawyer who is accomplished in defending charges of this nature.

Contact Our Office To Speak To Former Prosecutors Who Have Served in New Brunswick, Edison, Piscataway, East Brunswick, Woodbridge, Sayreville, North Brunswick, Metuchen, and Milltown

The Law Offices of Jonathan F. Marshall has a team of criminal lawyers with qualifications that are truly unparalleled for defending your simple assault case. Unlike other firms that rely on hollow representations of how good they are, we have the experience that is beyond question, including:

• 15 attorneys that practice exclusively in criminal defense, something that allows us to not only hone our skills but also build relationships throughout the Middlesex County court system
• Over 200 years of combined experience appearing in municipal courts and at the Superior Court
• Former prosecutors such as Jason Seidman, ex-director at the Middlesex County Prosecutor’s Office, and Bill Wachowski, who formerly served as the prosecutor in the municipal courts in Edison, Woodbridge, New Brunswick, North Brunswick, Sayreville, Piscataway, East Brunswick, South Brunswick, Metuchen, Helmetta, and Milltown. 
• Certified criminal trial attorneys
• A long and extensive history of dismissals and other successful outcomes in simple assault cases

Our criminal lawyers are obviously highly familiar with all of the courts within the county, having practiced there for decades. An accomplished attorney on our staff is available 24/7 for a free consultation. Call us at 732-246-7126 (New Brunswick Office) or 732-248-7675 (Edson Office) to speak to a lawyer immediately.

Simple Assault Offense in Middlesex County New Jersey

Every assault offense in Middlesex County New Jersey arises out of N.J.S.A. 2C:12-1. Subsection (a) of this law sets forth the charge of simple assault and provides that:

a. Simple assault. A person is guilty of assault if he:

1. Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
2. Negligently causes bodily injury to another with a deadly weapon; or
3. Attempts by physical menace to put another in fear of imminent serious bodily injury.

Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.

Proving a Simple Assault Charge. There is an endless number of ways that can result in a simple assault charge including a bar fight, domestic argument, altercation with a neighbor or encounter at a sporting event. In almost all cases, the offense is heard in municipal court.  In order for a prosecutor to prove a simple assault offense, the victim must sustain “bodily injury” or legitimately fear “serious bodily injury” because of physical menacing. The term bodily injury means “physical pain, illness, or any impairment of physical condition” as set forth in State v. Stull, 403 N.J. Super 501 (App. Div. 2008). In Stull, the defendant placed and held the victim in a headlock for twenty (20) to thirty (30) seconds, squeezed his neck, and yanked and swung him around. At trial, there was no testimony about the victim’s pain and he did not sustain bruises or receive treatment for any injuries. The Appellate Division held that the State met its obligation to prove guilt beyond a reasonable doubt through evidence of the defendant’s conduct and reasonable inferences based on the evidence as a whole.

Penalties for Simple Assault. As previously stated, conviction for simple assault results in a criminal record. You can also be sentenced to penalties that include:

Diversion Programs for Simple Assault. An individual can avoid prosecution in South Brunswick, Edison, Old Bridge, Monroe, South Plainfield, or another municipality by applying for a conditional dismissal. This program is typically reserved for first time offenders and municipal courts are restricted in granting admission so it is always advisable to consult an experienced attorney if you want to secure admission into the conditional dismissal. program.

Restraining Order Resulting From Simple Assault. A complication that is fairly common in simple assault cases is the issuance of a temporary restraining order. This collateral consequence can arise when the alleged victim of a simple assault is a spouse, boyfriend/girlfriend, someone in a present or past dating relationship or who has otherwise resided with each other previously. A restraining order bars any contact between the accused and the victim. Violation of this restriction results in a charge for criminal contempt.

Bail & Pretrial Release Conditions

If you have been arrested on a warrant complaint as opposed to a summons for simple assault, you will be taken to the county jail so that conditions can be set by a judge for pretrial release. These conditions may be anything from house arrest to no monitoring at all; there is almost always a no-contact order with the “victim”.  Additionally, if you have other criminal charges pending or you have a history of criminal conduct, there is the possibility for a motion to detain that will preclude pretrial release at your initial appearance and result in your being held for an additional 3 days until a formal detention hearing can be conducted.

It is important to understand that if you are released prior to trial, you must attend all future court dates. If you fail to attend, a warrant may be issued for your arrest. In order to have the warrant lifted, you will need to turn yourself into the court. If the court determines that you intentionally failed to appear at a court date, you may be forced to pay bail or you may be ordered to remain in jail until your next court date.

Defenses To Simple Assault

Because there are many ways to be found guilty of simple assault, there are many possible defenses available to those who have been charged with this offense. In order for the prosecutor to prove their case against you, they must prove all the elements of a simple assault crime. If they fail to do this, the case against you may be dismissed, or you could be found not guilty at your trial. A few common defenses to a simple assault charge are:

Lack Of Bodily Injury. In order to be found guilty of a simple assault charge, depending on the circumstances, the prosecutor may be required to prove that the victim suffered bodily injury as a result of the assault. New Jersey law has defined bodily injury as physical pain, illness, or any impairment of physical condition. If it cannot be proven that the victim experienced those things, then you may be found not guilty. An example of a lack of bodily injury could involve gently pressing a finger on another person’s body to create space between you and the o

ther individual. While this behavior may constitute another crime, if the conduct did not cause pain, illness, or impairment, you may have a defense to simple assault.

Self Defense. In Middlesex County, you have the right to defend yourself if you are being attacked. As a result, self-defense can be used to defeat a simple assault charge. Still, it is important to understand that there are limits to how you can lawfully defend yourself. For example, using a level of force that goes beyond what is necessary to end an attack may be considered excessive and result in a simple assault charge. Additionally, self-defense may not be available to you if you were the initial aggressor in the incident. Only a skilled criminal defense attorney can look at the facts of your case and determine whether you have a valid self-defense claim.

Lack Of Intent. In order to be found guilty of simple assault, the prosecutor must prove that you intentionally or recklessly caused or tried to cause bodily injury to another person. What this means is that if you accidentally bump into a person at the grocery store and they fall and become injured, you may be able to claim as a defense that you did not have the intent necessary to be found guilty of a simple assault charge. In other words, accidents that do not involve recklessness or harmful intent will likely not warrant the issuance of a simple assault charge.

Consent. In some instances, it is legal to consent to what normally would be considered simple assault. However, this typically only happens in the context of a sporting event or sanctioned martial arts contest. For instance, a boxer who is punched during a mutually agreed-to boxing match cannot be charged with simple assault for hitting their opponent during the match.

Immigration Consequences

If you have entered the United States illegally or have overstayed your visa, you can face immigration consequences if you are convicted of a simple assault charge in Middlesex County. For certain offenses, you may be turned over to the Immigration and Customs Enforcement Agency, which has the power to detain you until your criminal trial. If you are convicted, you may face deportation after completing your sentence.

Middlesex County Simple Assault Defense Lawyer

If you were involved in a fight or physical altercation that resulted in you being arrested or otherwise charged with simple assault anywhere in Middlesex County, the attorneys at the Law Offices of Jonathan Marshall can help. We are the largest criminal defense firm in the area and our lawyers have extensive experience handling simple assault charges in South Brunswick, Highland Park, Woodbridge, Old Bridge, Sayreville and elsewhere in Middlesex County. To speak to a lawyer immediately, contact us anytime of day or night. An attorney is ready at 732-246-7126 to take your call. Our team defends simple assault offenses throughout Middlesex County, including:

Municipalities Our Middlesex County Simple Assault Lawyers Serve

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Frequently Asked Questions in Middlesex County Simple Assault Cases

Can Simple Assault Charges Be Dropped In New Jersey?

In most cases, the cooperation of a victim is necessary to prove a simple assault charge. If a victim refuses to cooperate with prosecutors or drastically changes their story, charges against the accused may be dismissed. Still, it is possible to be convicted of a simple assault charge even if a victim refuses to testify. If there were other witnesses or video evidence, you might be convicted of simple assault without the cooperation of the victim.

Is Simple Assault An Indictable Offense?

Simple assault is considered a disorderly person offense in New Jersey. However, if the assault occurs during a mutually agreed-to-fight, then it will be charged as a petty disorderly person’s offense.

Can I Go To Jail If I’m Convicted Of Simple Assault?

Yes. While simple assault is considered by many to be a minor offense, the truth is that if you are convicted, you can face up to six months in jail. The sentence you could receive will depend largely on the facts of your case and your prior criminal history. With that said, the majority of simple assault convictions do not result in jail time.

Can I Use Self-Defense To Have A Simple Assault Charge Dismissed?

In Middlesex County, you have the right to defend yourself if you are being attacked. As a result, if it can be shown that you were not the aggressor and the force you used to defend yourself was reasonable, then you may be able to use a self-defense claim.

Can I Be Convicted Of Simple Assault If There Are No Injuries?

Yes. You can be convicted of attempted simple assault if you tried to cause bodily injury to another person. You may also be found guilty of simple assault if you intentionally place someone in fear of imminent serious bodily injury.