The offense of simple assault in New Jersey is considered a disorderly persons offense. It is one of the most common charges litigated in the Municipal courts throughout Morris County, including Butler, Morristown, Dover, Jefferson, Mount Olive, Randolph, Roxbury and Riverdale. The governing statute in New Jersey for simple assault is N.J.S.A. 2C:12-1(a). The law offices of Marshall, Bonus, Proetta & Oliver has been representing defendants charged with Simple Assault and related charges such as Aggravated Assault, Terroristic Threats, Harassment and Disorderly Conduct throughout Morris County for over fifteen years. Our team of simple assault defense attorneys has the experience, knowledge and skill set required to successfully represent your rights. As you will see below, if convicted of simple assault in New Jersey you can be incarcerated, placed on probation, fined, imposed community service and scared with a permanent criminal record. If you or someone you love has been charged with the offense of simple assault in Morris County, the criminal defense attorneys at Marshall, Bonus, Proetta & Oliver can help. If you would like to set up a free initial consultation with any one of our eight Dover simple assault defense lawyers, please contact our Morristown 973-309-7050 directly. Now here is a breakdown of the offense of simple assault, including the potential penalties if convicted.
Simple Assault Attorney in Dover NJ: N.J.S.A. 2C:12-1(a)
As stated above, the governing statute in New Jersey for simple assault is N.J.S.A. 2C:12-1(a). One of the most common ways a defendant could be convicted of simple assault in Morris County is if the State could prove beyond a reasonable doubt that that the Defendant caused or attempted to cause bodily injury to another. Another way that a Defendant could be convicted of simple assault is if the State can prove that the Defendant caused bodily injury to another with a deadly weapon. The last way that a Defendant could be convicted of simple assault in New Jersey is if the State could prove that the Defendant attempted to put another in fear of imminent serious bodily injury.
Bodily injury is the key element that the State must prove in order to convict a Defendant of simple assault in New Jersey. Bodily injury has been defined by the legislature as creating either physical pain, illness or impairment to one’s physical condition. This is where an experienced New Jersey simple assault defense lawyer can exploit the weakness in the State’s case.
What are the Penalties if Convicted of Simple Assault in NJ?
As stated above, simple assault in New Jersey is considered a disorderly persons offense, which is more commonly referred to as a misdemeanor. If convicted, a Defendant could be sentenced up to six (6) months in the Morris County Jail, fined up to $1,000, placed on probation, issued community service and/or anger management and scared with a permanent criminal record. If the Judge concludes that the assault was as a result of mutual conduct, the Defendant will only be convicted of a petty disorderly persons offense. A petty disorderly persons offense is also a misdemeanor in New Jersey. The main difference between a disorderly persons offense and petty disorderly persons offense is the max jail time is reduced to thirty days and the max fine is reduced to $500.
Furthermore, New Jersey has recently created a diversionary program known as a Conditional Dismissal. If eligible and if defense counsel can convince the Judge that the Defendant deserves the opportunity to participate in the Conditional Dismissal program, they will be afforded the opportunity to walk away from these otherwise life changing criminal charges without a criminal record. For more information on the Conditional Dismissal program, please contact our Morristown 973-309-7050 or checkout our Conditional Dismissal Page.
Simple Assault Lawyers in Parsippany, New Jersey
Marshall, Bonus, Proetta & Oliver has over 100 years of combined experience on staff. Our Morristown, New Jersey simple assault defense lawyers understand the severity of having a criminal conviction. Our attorneys will work relentless to try to avoid you being convicted of simple assault. If you would like to set up a free initial consultation with any one of our eight Morris County simple assault defense attorneys, please contact our Morristown 973-309-7050. Our attorneys are available 24/7 to answer any questions you might have.