Charged With Simple Assault in Carteret New Jersey
A number of years ago, a simple assault charge in Carteret New Jersey attracted media attention. A teacher was charged with simple assault after opening a door that was being block by a school principal. The accused was later convicted of a Carteret simple assault offense for striking the victim with the door resulting in bodily injury. If you are facing a simple assault charge in Carteret, the lesson to be learned from this example is that you absolutely must hire a skilled lawyer if you want the best opportunity to avoid a criminal record and other consequences that come with a conviction for simple assault in Carteret.
Here at the Law Offices of Jonathan F. Marshall, our criminal attorneys have the experience you need to successfully defend your simple assault case in Carteret. Our lawyers utilize their 100 plus years of combined practice in Carteret Municipal Court to minimize the ramifications of a simple assault charge and are able to secure an acquittal in a high percentage of cases. Call us at 732-210-6241 for a free consultation with a defense attorney. A lawyer is available 24/7 to guide you through the steps to help you through this challenging time
Carteret Simple Assault Offense
The New Jersey simple assault law is contained at N.J.S.A. 2C:12-1a. An individual commits a Carteret simple assault offense if they: (1) attempt or cause bodily injury to another purposely, knowingly, or recklessly; (2) negligently cause bodily injury to someone with a deadly weapon; and (iii) attempt to put another person in fear of imminent serious bodily injury by physical menacing.
An individual acts “purposely” or “knowingly” under 2C:12-1 if it is their intention to cause bodily injury when they engage in the related conduct. A person acts “recklessly” when they do not specifically intend to cause harm but behave in a manner where they consciously disregard and unjustifiable risk that bodily injury will result from their actions. Finally, an individual is “negligent” when he/she deviates from the standard of conduct that a reasonable person would have exercised under like circumstances. If the prosecutor in Carteret Municipal Court can establish that you violated 2C:12-1a under any of the three scenarios previously set forth, you may be convicted of simple assault.
You would be wise to hire a qualified simple assault attorney who can analyze your case to determine the best defense strategy available. Marshall Firm attorneys have extensive experience with simple assault cases. They might be able to demonstrate that you did not do anything that could have caused “bodily injury,” or that a person could not have been afraid of “imminent serious bodily injury” based on the circumstances. There is also the possibility that why can utilize our extensive experience handling simple assault charges in Carteret to secure a dismissal or downgrade even if you are totally guilty of the offense.
If you choose to proceed within a knowledgeable lawyer at your side, you face much more significant penalties than you might anticipate. Most simple assault cases are graded as a disorderly persons offense. A conviction for this type of criminal offense result in not only a record but also a fine of up to $1,000 and the potential for up to 6 months in the Middlesex County jail. If the simple assault charge resulted from a fight by mutual consent, then the simple assault is a petty disorderly persons offense. While this type of simple assault also results in a criminal record in Carteret Municipal Court, the fine is capped at $500 and the potential jail is 30 days. Conversely, if you committed a simple assault on a member of the Carteret police, a teacher or other person protected under N.J.S.A. 2C:12-1b(5), you face a felony charge for aggravated assault in Carteret.
You should also know that when a simple assault is committed against someone you have dated, you are or were married to or someone who is otherwise afforded protection against domestic violence under NJ Law, you may be the subject of a restraining order. For additional information on this subject, refer to our Carteret Domestic Violence page.
Carteret Simple Assault Attorney
Although a simple assault offense is essentially a misdemeanor, failure to avoid a guilty finding results in a blemish that can cause issues in your life for yours. If domestic violence is alleged, you can be subjected to a temporary or final restraining order which can turn your life upside down. Hiring an accomplished attorney is unquestionably your most powerful recourse. This is precisely what the lawyers at the Law Offices of Jonathan F. Marshall can provide on your behalf. Our former prosecutors and knowledgeable criminal defense attorneys know how to get your out of this dilemma without a conviction. Contact us for a free consultation any time of day or night. A lawyer is available immediately to provide you with the sound counsel you require.
