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Middlesex County Criminal Defense Lawyer

  • Over 100 Years of Combined Experience
  • Practice Exclusively in DUI & Criminal Defense
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Simple Assault

New Brunswick NJ Simple Assault Attorneys

If you have been charged with Simple Assault in Woodbridge, Sayreville or another municipal court, the criminal defense lawyers at The Law Offices Of Jonathan Marshall can help. Our attorneys represent individuals throughout Middlesex County who are facing simple assault charges. We are highly familiar with all of the courts within the county, having practiced there for over two decades. The experienced defense lawyers, the majority of whom also served as prosecutors in the past, are prepared to contest your simple assault offense. Please contact our office immediately, at 732-246-7126, for a free initial consultation.

Simple Assault: N.J.S.A. 2C:12-1

Whether your case is in Edison, Piscataway or another court, your simple assault charge is governed by N.J.S.A. 2C:12-1 which states in pertinent part:

§ 2C:12-1. Assault

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 Complaint

Many bar fights, arguments, and domestic violence incidents can lead to simple assault charges. This offense is usually handled in municipal court although a conviction results in a criminal record and up to six (6) months in jail. With consequences like these, prospective clients often want to know what it takes for the prosecutor to prove someone guilty of simple assault. In this regard, the prosecutor must prove some form of  “physical pain, illness, or any impairment of physical condition” to establish a conviction under 2C:12-1. 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.

If you were involved in a fight or physical altercation that resulted in you being arrested or otherwise charged with simple assault, the Law Offices of Jonathan Marshall can help. Please contact us for a free initial consultation at 732-246-7126, and speak with one of our simple assault defense lawyers for immediate assistance.

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