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Our Former Prosecutors Are Highly Skilled in the Defense of Middlesex County Simple Assault Charges
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 highly skilled in defending charges of this nature.
The Law Offices of Jonathan F. Marshall has a team of eight criminal lawyers with over 100 years of experience to offer you. Most of the attorneys are also former prosecutors, including members who have served at the Middlesex County Prosecutor’s Office and in municipal courts like Edison, East Brunswick, Woodbridge, New Brunswick and North Brunswick. We are obviously highly familiar with all of the courts within the county, having practiced there for over two decades. An accomplished attorney on our staff is available 24/7 for free consultation. Call us at 732-246-7126 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:
- A Fine of up to $1,000
- VCCB Assessment of $50
- Safe Neighborhood Assessment of $75
- Court Costs of $33
- A Jail term 0f zero to 6 months
- Restitution to victim
- Suspension of your driver’s licence
Diversion Programs for Simple Assault. An individual can avoid prosecution in South Brunswick, Edison, Old Bridge, Monroe, South Plainfield or another municipality by apply 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 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.
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: